Hi, I need your help. I have been married for 3 months and in that period if 3 months my wife is continuously threatening me that she will suicide, every night its the same thing with no reason. She use to says I have done numbers of sacrifices at my mom/dads place. I have gone through numbers of problem. However here from the day of married we are staying both. none of my family members are staying however she is repeatedly saying I will suicide. you then marry again...after a span of time, she and her family demanded me for 1 lakh, very 2nd day they demanded for 2 lakh by selling my land.. I have paid the amount of married hall which is 80 thousand which they were suppose to pay.. she has also sold the gold nackles of 4tola which we gave in the marriage.. she didt even informed me..there is no trust and understanding from her end in the relationship...I have filled 2 NCs among her for mental harassment..later I went to the women grievance in Commissioner office. there she agreed all the things..however there she says I want to stay with him and I will not leave you.. I don't want to stay with her.. the counsellor seems are taking here side..she is not agreeing for MCD.. Please suggest me what is the percentage and time frame for getting out of this if I fill a separation/divorce.. as few of the people are saying give here one chance as court shall harass you more.. 3 to 44 year your case will just stand and then again most of the laws are by women side.. so your life will go for a toss... Commissioner office women grievance team has just given in writing to me that you go to the family court if you need divorce however they have not writing what she has agreed in front of them..I believe my case was not taken seriously there. and not as in counselling she is aware of all the questioning/ she may deny in court all the other facts.. Please let me know what should I do.
1) file for divorce on grounds of mental cruelty
2) wife constantly threatening husband to commit suicide amounts to mental cruelty
3) rely upon NC filed in local police station
4) contested divorce cases take 5 years to be disposed of
5) contact a local lawyer
the divorce petition may take at least 1.5 years because two consecutive motions are necessary and it is mandated by the Hindu marriage act.
first motion for 1 year and second for 6 months, if there is any exigency or case of such that it comes under exceptional condition then court may grant divorce immediately after second motion.
Buddhist also governed by the Hindu marriage act.
she was pregnant 2 months ,however she did abortion... by just informing me formally...with my signature on any medical form/doctor form... I have messages from her stating I don't want baby now and she took her own decision... will this help me as an evedience in court.. or she has right to take decision by her own and husband cant force her or involve in this...Please suggest..
1. Your life has already gone for a toss before filing any suit against your wife. So, you won't have to worry any further for being tossed.
2. Audio/Video record all her such threats for a continuous period without her knowledge and while recording the same, you converse very politely and/or naturally.
3. After completion of one year of marriage, file a divorce suit on the ground of cruelty since threatening to commit suicide regularly without any reason, amounts to cruelty.
4.However, try to get her examined by a psychiatrist to identify any mental ailment she is suffering from and if that is proved/recorded, your chance of getting decree of divorce will become brighter.
5. Contested divorce suit may take 2 to 4 years to be disposed of on an average.
Wife can take decision whether she wants to have the child or not
2) you cannot force wife to keep the child
giving threats to commit suicide is also an act of cruelty, and you can claim divorce on this ground.
If her harassment and tortures are beyond tolerable limit, you may file a petition before family court for judicial separation under section 10 of HMA
You can choose to live separately after filing the judicial separation petition
After completion of one year of marriage you can file a divorce petition if the conditions do not improve or if she has not changed herself.
she was pregnant 2 months ,however she did abortion... by just informing me formally...with my signature on any medical form/doctor form... I have messages from her stating I don't want baby now and she took her own decision... will this help me as an evedience in court.. or she has right to take decision by her own and husband cant force her or involve in this...Please suggest..
Aborting a child without any valid reason or without any medical cause, is an act of cruelty.
As your marriage is not yet one year old, you canot file a divorce case so soon.
You may go for judicial separation for the time being so that you can defend from her legal onslaughts in the name of dowry harassment or DV case.