Legal Question in Family Law in United Arab Emirates

Hi,

Im an NRI living in DUBAI, My wife has been suffering from Schizophrenia for the past 7-8 years and she has been taking treatment thru a doctor based in India, however for the last couple of yeras she has stopped taking medicines and not willing to go to the doctors any more. Now some tomes she becomes voilent and thus my life is in danger, We have a 10 year old son and sometimes she imposes her own will upon the child, I would be grateful to all who come forward to help and give me some advie on the following points

1) How can I file for a Divorce against her

2) once I file a divorce do I need to stay with her.

3) Since I am an Indian Citizen I will have to come to India to file a Divorce, for how many days do I need to stay in India, as because of this my Job suffers I am not in a position to stay for a longer time in India.

4) I willing to allow her for the medical examination.


Asked on 9/25/10, 12:10 am

1 Answer from Attorneys
Shaji Natarajan Salam Advocates & Legal Consultants

You have not mentioned whether your wife stays with you at Dubai. I presume that your wife and son are staying with you at Dubai.

First of all you have to decide whether there is no further chance of living any more with your wife and absolutely you want a Divorce. Suppose she is willing to get treatment and have medicines, in that case what would be your approach. What about your Son? All these factors have to be considered before deciding on getting separated.

It would be appropriate and easier for you to file Divorce case before the competent jurisdictional Court at India. But while filing this, you should be living separately. You would have to also clarify whether your Wife was having this mental disorder before your Marriage, which would strengthen your case. You may file the case and thereafter execute a Power of Attorney in favour of your close relative, through whom you can continue conducting the case. Only in case of absolute necessity you need to put in your appearance before the concerned Court.

You may ensure to have with you all the available Medical records, as the same would have to be produced before the Courts.

For further clarifications, you may mail to [email protected] or call on 050 2104389. We also provide assistance for conducting cases in the Courts at Kerala.

Best Regards,

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Answered on 10/02/10, 1:40 am


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