• Threat to my life, intimidation, blackmail, mental cruelty

Hello Team,

Me and my wife have been living together since the time of our marriage. My mother, sister or any other relative live separately and have never cohabited with my wife. Since the time of our marriage, my wife has been of a quarrelsome nature and often picks up fights for small issues. Her behavior is often very unpredictable. 

Often, when she picks up a fight with me, she threatens to commit suicide and threatens to falsely blame me and my family for the same. Due to her fear and terror, it is becoming really difficult to stay with her. Once she threatened me to commit suicide by jumping from the 3rd floor of the building. She tries to blackmail me by giving all such threats which is causing immense mental trauma to me. Every now and then she threatens to implicate me and my family in false cases and says that if i don’t listen to her then she will send me to jail. Sometimes she says that she will slap me.

I have also tried to talk about her behavior to her father, but he responds and often tries to support his daughter. We even requested their parents more than 6 times to come at gurugram and discuss but they always ignore and not coming, not sure why. My wife’s mother also threatens me that my wife will commit suicide and that i should be ready to face consequences, hence she asks me to give in to the wrong demands of my wife. My wife fights with me for hours and doesn’t let me sleep. I have often tried to make her understand but she refuses to listen. I am living under the constant threats from her which is affecting my day to day life and causing tension to me.

My wife has suicidal tendencies and in case any such event takes place, then me or any of my relatives i.e. mother, sister etc. are not to be blamed for it. 

1.) Anyways if their parents will come here then after that also her behavior is not going to change.

2.) I have send an email to SHO for the same, Do i also need to visit police station to file the report or will email is suffice.

3.) If my wife in case commit suicide by entering my family name or if she don't write anything after suicide and in case their parents and friends will say that my family tortured her n all.. Then my question is that what precautions should i take to fight in case if she commit suicide. what proofs will work in that case.

4.) I have one flat on my name at my hometown, some shares in a father's shop, If she will file maintenance case then how can i avoid giving her large amount of money as she can also claim my property also.
4.) I don't want to live with her now. How should i leave the home and what case should i file.

Please suggest
Asked 1 year ago in Family Law from Gurgaon, Haryana
Religion: Hindu

You can visit the concerned police station and lodge a complaint in person in writing about her suicidal tendency and the fears you apprehend due to this.

If the situation is beyond tolerance you may file a contested divorce on the grounds of cruelty against her.

She cannot claim any share in your property either house property or business property.

There is no provision in law for that.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

1) Better you save one life. Try to call her parents at your nearest police station and file a FIR that wife threatened all the time by saying she will suicide.

2) After this file for mutual consent divorce and let her parents take her with them in their house.

3) If she is house wife than you have to pay her alimony, its depends upon your income. She will be not entitled in your father's property.

Ganesh Kadam
Advocate, Pune
7502 Answers
65 Consultations

4.9 on 5.0

1) lodge complaint in local police station about wife constant threats to commit suicide

2) if your wife commits suicide abd leaves a suicide note case can be filed against you for abetment to suicide

3) your wife needs to consult a psychiatrist for her mental illness

4) you can reply upon psychiatrist report to show that wife was suffering from mental illness

5) wife has no share in property standing in your name

6) she only has right to stay in matrimonial Home

7) file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

1. You should send a letter through a registered AD to the SHO of the jurisdictional police station as emails are very difficult to prove in the court.

2. If she commits suicide then FIR may be registered against you for abetment to suicide. Apply for and obtain anticipatory bail immediately then. The advance intimation to the SHO about your wife's suicidal tendencies may come to your rescue then. This apart, record her threats by installing CCTVs inside the house.

3. You can contest her maintenance claim successfully only if you can prove that she has sources of income of her own.

4. If you do not wish to live with her then you may file a petition for dissolution of marriage.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Hello, you need to file divorce first so that you may get the edge. If you have send it by mail i would suggest you to give it in person and ger the receipt and drop one in womem cell too which is located at sec 51. If she is well qualified and doesn't have child, she won't ger much maintenance.

Thank you.

Preeti Joshi
Advocate, Gurgaon
7 Answers
1 Consultation

4.0 on 5.0

1. Whenever such treats are made do inform the local police. Giving suicide threats is a good instance of mental cruelty for which you can file suit fior divorce.

2.Mentioning name in the suicide note is not enough to convict the persons unless the proof of abetment is established.However the same is enough to arrest the FIR named persons.

3. Wife has only right of residence in the proeprty of husband but has no share in his proeprty.if she is unemployed then you are bond to give her 1/3-1/4th of your income as maintenance.

4. You can start residing somewhere else and file divorce suit.

Devajyoti Barman
Advocate, Kolkata
17816 Answers
253 Consultations

5.0 on 5.0

Hi,

1.The better option is to visit the police station and give your complaint of cruelty by wife and let the police mediate.

2. Divorce is not the solution for every problem but it may increase the problem and you need to run to the court.

Please arrange arrange a councillor to do some sessions of councelling to both of you and that may solve your problem.

For divorce both of you need to be separate first for 6 months before go for petition.

The alimony is decided by the court on the basis of claims from both sides and after due consideration of social and economical conditionds

Vimlesh Prasad Mishra
Advocate, Lucknow
5511 Answers
18 Consultations

4.9 on 5.0

Respected sir...

Law always work on evidence and proof firstly collect all evidence of threat and other things via audio and video recording ...Only then we came in strong position ...After collection of evidence move an application to SHO of your police station stating that your wife is of suicidal nature and I and my family members will not responsible for her conduct..And then file divorce case if you want she will only responsible to money and property owned by you after your marriage ... Nothing else ...

Thank you

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Hello sir , unfortunately if any such incident happens in future , whether she leaves a suicide note or not , you and your family members can be falsely implicated by her parents for abetment to suicide under section 304B IPC... It is a serious issue and it is advisable to register a non-cognizable report at the police station of her threats and blackmailing which is a punishable offence under section 506 IPC ( criminal intimidation )...THE police investigation will be a record of her threats and suicidal tendency which will safeguard you from any future legal liability ....you can meet at my office in Gurgaon, for drafting of complaint and for further legal assistance ...

Hemant Chaudhary
Advocate, Gurgaon
4259 Answers
31 Consultations

4.9 on 5.0

Dear Concerned,

Let's Look at Solution straight away rather then getting into other details first.

5. Assuming you are staying in a rental accommodation and assuming you do not have children (as you have not mentioned) - ITS YOUR LIFE - choose living it your own way - Pack your bags and start staying separately preferably in a PG accommodation close to your work place.

File a divorce case on the grounds of cruelty and send summons to your present address (where you and your wife stays) and your wifes maternal home.

Stop paying rent after a month or two and wait for maintenance and other false cases to be filed against you and your family.

DO file a complaint/ information to the nearest police station about your wifes suicidal tendency leaving your wife's company after 2 days of leaving the matrimonial house.

4. No you wife can claim only maintenance and no share in property.

3. As mentioned above inform nearest police station on the suicidal tendencies of your wife.

2. Better to give in person

1. it is good to have discussions - meetings solves many issues - even though it may not be possible in your case but better to try.

Best of luck

Atulay Nehra
Advocate, Noida
1204 Answers
47 Consultations

4.7 on 5.0

To garner evidence in support of all what you have said in your query, you must record(audio/video) all such instances where your wife is blackmailing you on the strength of implicating you all in false cases and the threat to commit a suicide.

When you have clear evidence in support of your assertions, approach the concerned Police and register a case against your wife, so that the future complications can be saved.

If the Police refuses to register your complaint, lodge a private complaint before the Magistrate.

If you have taken a decision to move out of your marriage, apply for a divorce against your wife.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

2.) I have send an email to SHO for the same, Do i also need to visit police station to file the report or will email is suffice. ---- File a complaint in the local police station that your wife is attempting to commit suicide for no reason. Also, take her to a psychiatrist to get her diagnosed of mental disorder. That will help you in future in case of divorce or criminal case.

3.) If my wife in case commit suicide by entering my family name or if she don't write anything after suicide and in case their parents and friends will say that my family tortured her n all.. Then my question is that what precautions should i take to fight in case if she commit suicide. what proofs will work in that case. === If she tries for suicide, call the police, you may be charged for abetment, but that will not stand in the court of law. However, if you are in house and she commits suicide, then your character will be doubtful as far as the court is concerned if you fail to inform police and hospital. Therefore, avoid quarrel and take her to psychiatrist soon.

4.) I have one flat on my name at my hometown, some shares in a father's shop, If she will file maintenance case then how can i avoid giving her large amount of money as she can also claim my property also. ==== She is entitled to separate residence as per the DV act and maintenance. However, she cannot claim any share from your father's shop. If the flat in your name is self acquired, then she can create a charge on the property for maintenance.

4.) I don't want to live with her now. How should i leave the home and what case should i file. ====== Leave the home, stay alone for some time. File a divorce petition before the competent and that will help you to get out of criminal case and other aspects.

Rajaganapathy Ganesan
Advocate, Chennai
1518 Answers
8 Consultations

4.9 on 5.0

yes do visit the police station once, and give the NC and thereupon take the receiving.

The prove that you have given NC will be sufficient and also keep on collecting some prove wherein she is giving suicide threats.

She can not claim a share in the property as a matter of right, do not worry about the same.

Leave her company and file a divorce case.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

You have to personally visit and file FIR. If she threatens you for suicide then you can file a complaint for the same. You can file divorce petition in family court. The ailmony depends on many aspects like she is earning, your income etc. So I can't tell you exactly amount. She can get residence rights in your shared house hold if Court orders the same in her favour in provisions of protection of woman from domestic voilence Act 2005.

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

Yes you need to the police complaint at the nearest police in written. You can produce witnesses as well before the police station. Or you can directly file the complaint before the magistrate with the help of any good advocate.

And you can also file the petition of divorce against her in the court of law.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

There is nothing wrong in sending them a legal notice demanding them to ascertain the situation and to find some solution to her such sentimental dramas.

If they dont turn up you may lodge a complaint with the police and explain that they are taking advantage of the situation.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Thanks for your appreciation

You can send a letter or email to her parents to come down to Gurgaon for discussions

No need to send legal notice to her parents

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

No need to send legal notice to her parents

Letter or email to her parents should suffice

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

1. Legal notice is not require to be issued to parents as you have no cause of action against them.

2. FIR can be filed by you under Section 323 and 389 IPC.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Not necessary, legal notice to her parents will be of no use. Instead, file a complaint as stated in my earlier reply.

Rajaganapathy Ganesan
Advocate, Chennai
1518 Answers
8 Consultations

4.9 on 5.0

Yes, you may send them a notice through a lawyer. This can be at least used as an evidence in future demonstrating that you were eager to amicably resolve the marital dispute but they lacked the interest to do so.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Yes you can definitely send them a legal notice and call them to discuss the matter so that both of you can come to an amicable solution. If they do not reply to the notice within the preferred time then you may move to the police station to lodge an FIR.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Staying separate is a good advise but filing a DV case by you is not a good advise.

You can stay away from her current place of residence.

There is no provision for a husband to file a domestic against his wife

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

1) you can stay separately and request your wife to stay with you

2)you cannot file DV case against your wife

3) law does not permit husband to file DV case against wife

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

For now, just file the DV case and see how your wife reacts.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

I would not advise you to file any other case at this juncture

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

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