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ash   04 October 2015

Divorce from schizophrenic wie

Hi,

I would like to have divorce from my Schizophrnic wife following are the synopsis

My wife has been torturing me and my Son for the last 15 years. Age of my son is now 15.

She doesn’t take medicine on her own

My In-laws have refused to help me and they saying that after marriage it is completely my problem

My query :

Can my wife create problems after i lodge a divorce case against her?

If she tries to attack me during or after I file the case what should I do.

Can she forcibly stay with me or harass my brother who doesn’t keep well.

Since her Parents know what is the problem with their daughter can they run away from the responsibility?

What if they don’t come for the court hearing or if they don’t take their daughter’s responsibility

I have all the documents from the reputed hospital and I am even ready for any doctor who can examine her

Kindly advise

 

 



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 2 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     04 October 2015

Repeated query 8 months back with the same subject

Sarmmarmbb (goi)     05 October 2015

Dear ash

your queries are attended to as below:

My query :

Can my wife create problems after i lodge a divorce case against her?

either of spouse may file/lodge a divorce case at any time, but who wins it purely depends on the merits (inputs and facts mentioned therein) of the divorce case.  For this, immediately attach urself with a genuine and an experienced lawyer.

If she tries to attack me during or after I file the case what should I do.

First of all, you immediately take precautions. Firstly,Protect yourself by intimating your local PS about such apprehension and threat from your spouse. (and take proper receiving with DD entry) if police denies send your complaint by Registered Post to the higher office (DCP). Do not enclose any medical paper with your complaint.  

But, mind it you should have in ur possession proofs of your wife's being schizophrenic e.g. her medical prescripttions (all originals) but never hand over either to police nor to anybody (includng your own lawyer always show xerox of same) Only submit in the court of law with suitable application.

Thereafter, immediately attach urself with a genuine and an experienced lawyer.

Then, file divorce case, after divorce case when all such facts of ur spouse mentioned therein, you will be safe even if she attempts such attacks.

Can she forcibly stay with me or harass my brother who doesn’t keep well.

See law is in favour of a woman, rest all depends upon the timely and efficient action of your lawyer.  Discuss with him, he may frame an application in such manner to defend yourself and could may be convinced accordingly.

Since her Parents know what is the problem with their daughter can they run away from the responsibility?

What if they don’t come for the court hearing or if they don’t take their daughter’s responsibility

I have all the documents from the reputed hospital and I am even ready for any doctor who can examine her

 

Under such circumstances, court may direct instant direction. so take protection of the court with the help of a good genuine and experienced counsel.

Best of Luck.

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