• Marital issue - wife threatening to kill mother in law

Hi,

My wife has history of suicidal tendencies and has threatened to kill my mother (if I leave her) last night over an argument with her. I am looking for a divorce now as things have got really out of hand. We are married for 4 years under Hindu marriage act.

Should I log a police complaint first and then apply for divorce?
Please guide as I am worried she might attempt suicide or something.

Regards
Pankaj
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1) lodge police complaint against your wife for threatening to kill your mother

2) your wife needs psychiatrist treatment for her mental illness

3)convince her to visit a psychiatrist

4) if situation does not improve file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Yes, immediately inform the police about such threat.

2. In alternative your mother can also lodge such complaint.

3. if you think that she suffers from any mental disorder then instead of going for divorce first take her to Doctir and make her undergo medical treatment.

4.If she is cured then your marital life is restored. if not then file divorce suit. That will help your divorce proceeding also.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) file for divorce on grounds of mental cruelty

2) wife threatening to kill mother amounts to mental cruelty

3) mention wife suffering from mental health problems refusing to take her medication

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Collect evidence of her cruel acts by audio/video recording her such conversations.

2. After that lodge a police complaint against her for giving such threats and abusing you and your mother.

3. Your mother can also file a DV case against her before the Court.

4. After completing the above steps, file a divorce suit against her on the ground of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. There is no provision of law showing discontinuation of medicine as ground for filing divorce suit.

2. File the divorce suit on the ground of cruelty as advised in my earlier post.

3. Before filing the said divorce suit, you should also take the steps suggested in my earlier post to safe guard yourself and your mother.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Immediately file a criminal complaint against her before police and later on file a divorce case based on cruelty U/s 13(1)(ia) of Hindu Marriage Act-1955.

threaten to commit suicide or attempt to kill mother-in-law is amount to cruelty and you may get divorce on this ground alone.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

The medical records will save you from police action in the case of self inflicting injury.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Should I log a police complaint first and then apply for divorce?

Please guide as I am worried she might attempt suicide or something.

You can file a contested divorce case on the grounds of mental cruelty citing her suicidal tendency as well as her threats posed which is detrimental for peaceful married life as reason for seeking dissolution of marriage by a decree of divorce.

The police complaint may not be effective or maintainable.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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