Legal Question in Family Law in India

Hi ,

My Wife is a Psycho patient(Behavioral Disorder diagnosed by Doctor) and has been harassing me for the last 2 years since married. After giving her multiple chances, she reverts back to old self and starts abusing and becomes violent with everyone in family including me. Now I have been living away from her and she was with her parents. Now, she filed 498, 406, 34 in police station and alongside talking about mutual divorce but wants me to come and file(Which is not necessary) so that she can issue the summon for maintenance etc. I am away from country and my family is also safely away in another location. Police called my family and told that they cannot issue summon to primary accused, hence they will report to the court accordingly and they do not have much against my family as the girl could not give any proof.

What according to esteemed lawyers/ legal professionals are the next logical steps from the legal side. I know certain instances when summons could not be issued, the case dies it's natual death and the girl's family comes to mutual divorce as case cannot be established due to police not able to investigate under section 41.

Basically, I do not want to fight the case in court and pay her maintenance and lawyer fees while she goes on fighting her entire life - primarily becasue she and her family is a cheat, she has done immence damage to my reputation as I had to leave my job of 10 years as she kept complaining to office and because of her, my old mother who is not well had to leave her house and stay somewhere else facing immense hardships. If she comes to one time settlement, I am fine and ready to leave her but these lawyers are giving her wrong advice as this type of cases are a good business for some. Psyco cases cannot be proven in court and the court takes linient view in such matters.


Asked on 12/28/15, 8:29 pm

1 Answer from Attorneys

Dear client if u have solid proofs of her disease then u can file contested divorce in court on the ground of desertion and cruelty. U will get divorce. For any legal help call me

Adv prasad patil

9604349028

8446247807

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Answered on 12/29/15, 5:05 pm


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