• Wife tried to commit suicide

I got married in Feb 2017,Since then I am living with my wife along with my parents at my parental house. Our relations are tensed due to following reasons.
1. She has very arrogant behaviour towards my parents since day one.
2. She doesn't show any sign of affection towards anyone in the family including me.
3. She remians sad and angry most of the time. When questioned for the same she gets irretated and doesn't reply or reply very irrelavent and illogical.
4. No positive attitude towards life. 
5. She always complains against her parents about her raising.
6. My whole family feels mentally tortured and suffocated due to her acts and behaviour.
7. Besides her ill behaviour with me and my parents we never harmed her physically or mentally, even supported her in all possible manner to make her comfortable. And we have sufficient proofs for the same.

In a recent event she tried to commit sucide, but was saved because the liquid she consumed couldn't affect her to that level. And the reason of comminting sucide was an objection by my father about her ill behaviour with guest at our house. Next morining we called her parents to discuss the situation. But my in-laws misbehaved with me and my parents, imposed irrelavent allegations and took her along with them.
It is now 20 days since she had gone. Now they are insisting me to call her back but I am affraid that she might commit suicide again. 
Please suggest
1. if we take her back and she commits sucide again (by chance) how I can be legaly safe of this situation. I feel she has that tendency or some psycological disorder. In other words what step I can take before bringing her.
2. There is possibility that under some planning my in laws may file a legal suit of domestic violence under section 498A etc after she reaches us.
3. As a whole I am not willing to continue this relationship, so please suggest if this matter is sufficient to file a divorce.
4. My wife is professionaly qualified, so how can I save myslfe from paying maintenance after filling divorce.
Asked 8 years ago in Family Law
Religion: Hindu

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7 Answers

1. No marriage can survive on the foundation of acrimony, spite or ignoring which is worsened by attempt of suicide.

2. Unless there is fair chance of removal of these shortcomings it's not going to work even if you bring your wife back.

3. Talk to her alone and try to know if any reasonable issue is standing in her way for a happy married life with you. If anything is there assure her to take care of that.

4. Go for a holiday trip to reap love and affection for each other. This essential.

5. If all these fail then its better to think in terms of mutually dissolving the marriage to save two young lives.

6.Working wife is not entitled to maintenance though mere education is enough to avoid this.

All the best.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1) if your wife commits suicide you and your family members can be charged with abetment to suicide under section 307 of IPC

2) file an NC with local police station regarding wife attempt to commit suicide

3) insist that wife consult a psychiatrist and take his written report as to nature of wife illness

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

5) if there is not substantial differences between your income you would not have to pay wife maintenance

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Dear Concerned,

This is a tricky situation you are in - however precaution is better then cure . File a complaint to the nearest police station mentioning the entire details of your wife trying to commit suicide , also mention that she is not staying with you since XYZ date.

Show your wife to a psychiatrist - take a report and use it for your evidence - file nullity of marriage - if she is unwell mentally.

Yes a DV or a 498a can be filed , however filing 498A has ben made bit difficult post the 27.07.2017 judgment of the Supreme Court as FIR will not be registered soon in a 498A case - but DV can be filed.

Divorce at this stage can not be filed - only under exceptional cases it may happen - however in your case there is no urgency.

Yes if contested well you may not have to pay for a qualified wife.

AS A NOTE to keep ----- JUST MAKE sure your wife does not come back to you house now.........IF you dont want to stay with her.

Best of Luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

1. Not advisable to bring her back to your home, if she's showing such suicidal tendencies.

2. Don't bring her back and in case they file a sec. 9, defend it on merits.

3. There's always a possibility that they may file 498a, dowry harassment case against you, irrespective of where the wife is residing.On lodging of any such case, you will have ample opportunity to defend yourself.

4. She's expected to earn for her living if she is professionally qualified rather than relying solely on you for maintenance.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. Send an advance intimation to the jurisdictional police station through registered post about her attempted suicide. This may save you in future if she eventually ends her life.

2. You are free to file a petition for dissolution of marriage on the ground of cruelty. Start recording her acts within the house to collect evidence to succeed in the court.

3. If she files 498A then apply for AB once you receive the notice.

4. To repel her claim to maintenance you have to prove that she is earning, so collect evidence of that.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. If you anticipate the recurrence of the same trouble, you can get an assurance in writing from her as well as from her parents that if she commits suicide in future you are your parents canot be held responsible for this act of cowardice.

No doubt this may not protect you legally in such an event, but this would frighten them to some extent that they will not try to harm you again on this note.

2. You can be vigil about it and gather information about the planning she has in her mind and take precautionary steps accordingly.

3. If you are not interested i continuing this relationship anymore, you can file a petition seeking judicial separation because you cannot file a divorce petition so early.

4. You have to prove her qualification and ability to work and earn and deny her claim, it depends on how you convince court with our arguments supported by documentary evidences.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

Hello,

1. You can give a written complaint with regards to this at the police station.

2. If it is filed then proceed to get bail urgently.

3. Yes you can file a divorce non the ground of mental cruelty.

4. You will have to pay less maintenance depending upon the factual matrix of the case.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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