• I fly to gulf to escape from Indian family court (dom v12A & 125)

i married to girl 11/03/11 to Ahmadabad girl her behavior was not good and harnessing me & my parents.putting new demands every new day & not doing any work always consulting her parents for each & every decision.they  were compressing me & my family because we are middle class as we were perceiving but she even frequently goes to ahmedabad in 1yr stay in mumbai with me she went Ahmadabad frequenty approx (6months in ahmedabad)
she use to bite me in bed room & later on due to her nature to blame my sis & parents due to day to day chorus work  she feels touche red & completing & giving bed words & says god will punish your sis & mom so once i bet her in bed room so she is catching same thing that beten to me & sitting in ahmedabad with 2yr of my son & harresing us & not willing to live me even 
but later from her previous broken engagement we herd that she is mentally challenged girl & there parents compress us to hide her daughters mental state 
now from 24/01/2012  she has filled 2 cases against me & my family ie 125 & 12A domestic violence.& harassing us & threatening. 

pls help me & guide me in the case i am mentally very much stressful in middle class with meager earning & frustrated with job even.
i am getting approtunity in dubai may i go by writing letter that i am leving my parents & i have no concent to my dads property
Asked 3 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
You may prefer settling the matter by providing a one time alimony and seek divorce as a part of permanent settlement. However, I do not have entire facts of the case to suggest you. 

Kindly note if she is mentally challenged, and if you could prove it through relevant evidences you may seek divorce from her on the same basis from family court.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
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She can file a case for alimony against you even if you fly to Dubai as the court notice can be served on you through the Indian High Commission in Dubai. However, you may consider filing for divorce on the ground that she is mentally challenged.
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
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if your wife has filed case of DV and section 125 Cr P C maintenance against you then you have to contest case on merits . do you have any evidence that wife is not menatlly stable ? any doctor reports? 

file for divorce if your wife refuses to stay with you .
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
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you can apply but you have to prove your allegations . you have to examine her  ex partner as witness to show that she is suffering from mental illness . main evidence would be of psychiatrist  who has examined her . his report would be crucial .
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
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mere audio recording is not sufficient to prove that your wife is  suffering from mental illness . as mentioned earlier you need doctor evidence .
Ajay Sethi
Advocate, Mumbai
23206 Answers
1218 Consultations
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You may apply for nullity of marriage on the basis of the audio cd that you have in your possession However, I may hasten to add that an audio recording alone is insufficient to prove the case. The psychiatrist who examined her has to testify in the court against your wife. His report can clinch the case in your favour.
Ashish Davessar
Advocate, Jaipur
18095 Answers
448 Consultations
5.0 on 5.0

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