Consulting psychiatrist does not make person unsound

New Delhi: Consulting a psychotherapist does not mean that a person is mentally unsound. It is a common practice in today’s stressful life. This observation was made by the Delhi high court, which refused to keep a woman away from her one-year-old daughter just because she was a psychiatric patient.

A two-judge bench comprising Justices Vipin Sanghi and P.S. Teji made the observation, while disposing of a habeas corpus writ petition filed by the mother seeking a direction to her husband to bring before the court her minor daughter, who was allegedly forcibly taken away from her by her in-laws.

The court, while granting interim custody of the child to her mother, also dismissed the husband’s argument that the woman was not naturally attached to the child, who was born out of surrogacy. It also observed that the mother would not have any less love and affection merely because of this factor.

The court also said: “The child in question is a one-year old baby girl. Though she was born out of surrogacy, since the petitioner suffered two earlier miscarriages, she is nevertheless the biological mother of the petitioner’s child, and respondent No.4 (husband) is the biological father of the child… We cannot accept the submission of respondent No.4 that the petitioner, though being the biological mother of the minor child, would have any less love or affection for her since the minor child was born out of surrogacy."

Regarding the mental health of the woman, the two-judge bench said there could be numerous reasons and stress originating from different aspects of life because of which she was taking the treatment, but that does not mean she doesn’t have mental equilibrium.    

The two-member bench further said: “Our interaction with the petitioner (mother) does not give us the impression that she is mentally or psychiatrically unstable to look after the minor child at this stage.”

It is not uncommon for people to resort to counseling when they have matrimonial disputes,” the court added.

“In today’s world, when one is faced with stress originating from different aspects of life, one may seek help from a trained counselor to resolve dilemmas and reduce his or her stress,” it said, adding that “It is no longer a taboo in our society to consult a psychotherapist or a psychiatrist.”