• Divorce - my issue falls under which category?

I got married on 6.7.16 to my niece (cousin's daughter). I knew before that their family people are fighting nature. But I thought they may not indulge in such activities with us as we are relative. They were requesting to marry her since 3 years. From the day one I got married -
1. she is suspecting and fighting almost everyday. She never let me sleep before 1AM, keep quarrelling meantime she calls her parents in the mid night (her native is 2kms away). some times they come and take her home.
2. She tried suicide attempt by trying to hang herself, by cutting her veins with bangles.
3. Talks very abusive words not bothers about other villagers. Entire village comes to know about her nature.
4. Even small things, just a word would trigger her.
5. when Informed to her parents, initially her father scolded her saying that I thought you would be a good daughter in law but you are killing their peace, if I knew you would do like this I wouldn't have given you here.
6. He informed my mother that she does like this only at home also, she hits her head against the wall, very angry nature.
7. She removes her Mangalsutra by saying take your thali, I am going to my home etc., then wears after sometime.
8. So far we were some how adjusting and living with her.
9. Now during Sankaranthi, just for small issue she called her brother and asked him to come and take her but that fellow came and broken all things in my house like door, cot and came to beat me with wooden block. 
10. Height is, by seeing all these my mom told him you better take your sister to your house, then immediately he tightly pressed my mom's neck by saying, I will kill you and he lifted her and kept her in another place by holding her neck. She is 68 years old and just 40+ days over after cataract surgery.
11. during this fight I was helpless as he had brought around 6 guys of his age and whole of his family members abused me and my mom with foul language.
12. She is 3 months - carrying now.
13. every day being with her is like hell. I have Totally lost my peace of mind.
14. She was suspecting me even while I had put Mala for Sabarimalai.

Kindly advise me on how I should approach this. I understand that living with her is very difficult. Yester day again she fought simply and removed her mangalsutra then as usual wore it again and said she wants to go home hence, my cousin dropped her at her home town.
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

1) only in exceptional circumstances can you file for divorce before expiry of one year of marriage

2) if your brother in law assaulted you psychically and threatened your mother then you both should file police complaint against him and his friends for grievous hurt and criminal intimidation under IPC

3) if your wife always threatens to commit suicide lodge NC regarding her attempt to commit suicide .

4) record all her verbal abuses

5) on expiry of one year of marriage file for divorce on grounds of mental cruelty

6) your wife needs psychiatrist treatment . she must be suffering from bipolar disorder hence her constant abuses, attempts to commit suicide, breaking head against wall

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1) you can file for divorce in July 2017 ie after expiry of one year of marriage

2) i have already advised you to file police complaint against her brother and his friends under section 320, 504, 506 of IPC . it will help you in your divorce case

3) further lodge complaint against wife constant attempts to commit suicide

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

1. I am not sure you you sitting idle digesting her constant insults and threats .To dissolve the marriage you will have to file a suit for divorce even now if one year has passed from the date of marriage.

2. No case can be filed for causing embarrassment to you or your family. HOwever if you or your family members have publicly defamed then you can file defamation case.

3. Defamation case is filed u/s 500 and 506 of IPC. While divorce suit is filed u/s 13 of Hindu Marriage Act.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

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