They say marriages are made in heaven. But so is thunder and lightening. Please understand at times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Please understand that there are some incidents that happen in your life and those incidents are so strong that they change your DNA. But there is a solution for every problem in law.
If your brother want to divorce as peacefully as possible, you can end the marriage and get a no-fault divorce without a lawyer using mediation.
A good mediator will:
• Help both of you discuss your future instead of arguing about your past relationship;
• Help to build trust and agreement through an open and transparent good-faith negotiation;
• Empower both you and your spouse to make the decisions that are in your mutual best interests.
But you say that your brother’s wife is not agreeing for mutual divorce. So your brother can file a contested divorce petition.
Please understand that the Supreme Court has held that "mental cruelty," "continuous harassment" and "threat of prosecution" of a husband by his wife would be a ground to grant divorce to the husband. Cruelty can be physical or mental. If from the conduct of his spouse, the same is established and/or an inference can be legitimately drawn that the treatment of the spouse is such that it causes an apprehension in the mind of the other spouse, about his or her mental welfare then this conduct amounts to cruelty. In delicate human relationship like matrimony, one has to see the probabilities of the case.
In an observation with far-reaching implications, the Supreme Court has said that a woman who deserted her husband and the matrimonial home and refused to return despite repeated requests are entitled to maintenance. You brother can also get divorce on the grounds of desertion.
Please understand that Constant suicide threats by wife amounts to cruelty and is a ground for divorce. No husband would ever be comfortable or tolerate such an act by his wife. And if the wife succeeds in committing suicide, then one can imagine how a poor husband would get entangled in the clutches of law, which would virtually ruin his sanity, peace of mind, career and probably his entire life. Such torture would adversely affect the life of the husband. You say that you have hospital certificates for this Suicide attempt. So for a precaution your brother can inform local SHO of the police station and inform him through an application stating that his wife is having suicidal tendencies and you should not be held responsible in case such a thing happens. Inform the same to her parents and also to make her attend counseling.
For detailed discussion you can opt for phone consultation.
SHRI GOPAL VERMA
ADVOCATE ON RECORD
SUPREME COURT OF INDIA