• Suffering from mental cruelty caused by my wife

I got married in December, 2018 and in just 4 months my wife tortured me mentally a lot.
1. Before marriage she used to talk to me normally no problem at all, later on she told me that every time she used to talk to me after getting drunk. I didn't took her seriously but I am occasional drinker and drinks very rarely and 1 day she drunk with me and oh god that day I found out she can drink like a fish. After some days I moved to another city as I used to work in different city from my hometown. I can see a drastic swings in her mood daily. One day she used to fight with me and giving me suicide threats, another day she is sad mood and cry, another day she is jolly good mood and talks very nicely. So this leads me to a conclusion either she is suffering from some sort mental illness or may be she is a regular drunker and when she didn't get anything to drink she gets frustrated and irritated.
2. Once I visited home and she had a fight with my parents for very small reason and fight with me. Then she gave me a suicide threat and looked herself in bathroom after searching some thing in the TV drawer, thank god she didn't find any blade or anything but at that time i didn't know that. So I immediately rush to my parents and tried to convince her to open the door, after that when I tried to broke the door she opened it and found out she didn't do anything crazy but I am so afraid from her. I don't even know what to say to her or not. What makes her crazy and whats not. 
3. Before moving to her home, She also told me very normally that when I go home I don't want to come back I wanted to be with my parents, I don't like living here. You can visit me if you want else you can give me divorce I don't have any problem with that.
4. After some time she moved to her home and my mother found out a bottle hidden in her bedside and glasses. So she said these things to her parent and by hearing this she became very angry at me and threaten me that she will not do anything now but she will do after reaching over my home. and threaten me on fake cases like her finger got little burnt during cooking but she threaten me by telling that she will file a case and will tell police that her hand was burnt by my mom, and she tortured her in my home.

I am very afraid of her thinking like this. I compromised everything but this is way out of me to deal with it. I can't bring her back on my home after these threats but now she used to talk to me normally and said sorry for all the things but how can I believe her that she will not do something crazy after coming back. 
All the things she said I have recorded all that on my phone call conversation, as I wanted to be on a safe side. All her threats and admitted about her drinking habits are recorded with me.
I am thinking to file a divorce as I can't think of living with her whole life after knowing how negative her thinking is, but I think we cannot file a divorce in this early phase of marriage.
Asked 2 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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25 Answers

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

2) after expiry of one file for divorce on grounds of mental cruelty

3) wife threatening to commit suicide amounts to mental cruelty

4)wife abusing in laws amounts to mental cruelty

5)wife threatening to file false cases against husband amounts to mental cruelty

Ajay Sethi
Advocate, Mumbai
78823 Answers
4739 Consultations

5.0 on 5.0

Yes, your marriage has to be one year old before you can approach the Court seeking divorce.

At present stage, what you can do is that you can file a case of judicial separation.

A decree for judicial separation can be sought on all those ground on which decree for dissolution of marriage, i.e. divorce can be sought.

If there is no resumption of cohabitation between you and her for a period of one year or upwards after passing of Decree of Judicial Separation, either of you can file a petition seeking divorce on the basis of this ground.

Vibhanshu Srivastava
Advocate, New Delhi
9113 Answers
179 Consultations

5.0 on 5.0

Hello sir , you can file a divorce on the grounds of mental cruelty ... There is no time Barr to file a contested divorce petition ... The above details will be mentioned in the petiton...

Hemant Chaudhary
Advocate, Gurgaon
4579 Answers
41 Consultations

4.9 on 5.0

Dear Concerned,

GIVEN the above notes - this is a perfect case of cruelty inflicted upon you on the hands of your wife, given the recordings you have it is better you file a Divorce and proceed . PLEASE note that all the cases the wife may file later will fall under Retaliation and will have lesser of impact as the courts also recognize that the LAW is being misused by women / wives now.

DO be afraid of any thing go ahead and file divorce -- good thing is that she is not with you presently.

Best of Luck

Atulay Nehra
Advocate, Noida
1247 Answers
58 Consultations

4.7 on 5.0

Your wife is probably suffering from bi-polar disorder which is a mental illness. If you manage to prove the same(psychiatric certificate may be needed) then you can annul your marriage since one year has not yet passed from the date of marriage.

You can also file a case of criminal intimidation and divorce stating mental torture as the ground for divorce.

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

Sir you need to wait one year after marriage is solemnized to file for divorce. Better keep the recordings as proof to be submitted to court. File a case for dissolution of marriage under Sec 13(1)(a) of Hindu Marriage Act after one year is completed till then keep her calm as if she gets to know she may file false cases against you and your family so better to keep everything calm till you decide to file for divorce.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Yes you are right, you cannot file for Divorce before completion of one year of marriage except under exceptional circumstances where there is grave danger to your life etc. You can, however, file an NC in your local Police Station putting on record the threats of your wife. In the meantime, I would advise you to have a joint meeting arranged between the families' to try to reach an amicable solution regarding your marriage

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

You need to have one year separation period before filing divorce. You can apply for judicial separation or mutually show the separation period. If you opt for mutual divorce the same will be quick else it will take time.

Prashant Nayak
Advocate, Mumbai
22065 Answers
49 Consultations

4.4 on 5.0

Your wife needs a psychiatrist she has mental disorder in case you want to go ahead with the relationship you need to consult a psychiatrist and marriage counselor as well and get the counselling divorce is not that much easy and will take lot of time as you are married for a few months only. You need to wait for the completion of 1 years and separation of six at least to file divorce petition in the meantime you can file an information to the nearest police station about he's suicidal tendency and addiction to save you from any future allegations.

Vimlesh Prasad Mishra
Advocate, Lucknow
6783 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

It appears by seeing such people in this world the SC has relaxed rules. Firstly, you can go for mutual divorce as she agree for that if you give her some amount. The minimum waiting period of 6 months for mutual divorce relaxed by SC. Secondly, you can even file a case under the provisions of Domestic Violence. The law is enlarged by SC and Karnataka accepted such DV case filed by a husband against wife. Please call me. I am furnishing both the judgments below, which you may make use of and maintain mental peace. Nothing to worry.

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Six Months Waiting Period In Section 13B(2) Of Hindu Marriage Act For Divorce By Mutual Consent Not Mandatory: SC [Read Judgment]...

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Karnataka HC: Husband Can Initiate Proceedings Under Domestic Violence Act Against Wife, Her Relatives

High Court of Karnataka held that wife or husband anyone of them can file complaint aggrieved and alleging a violation of the provisions of the Domestic Violence Act, can invoke the provisions of the Act.

Justice Anand Byrareddy was hearing a petition filed by Mohammed Zakir against the dismissal of his complaint filed under the Domestic Violence Act against his wife and her relatives by Additional City Civil Court, Bangalore.

The civil judge was not at all impressed with it because Act is favoured to woman only, there are no such mentions where a man can file a complaint against the woman.

Kishan Dutt Kalaskar
Advocate, Bangalore
5579 Answers
217 Consultations

4.8 on 5.0

1. You are free to file a petition for dissolution of marriage on the ground of cruelty.

2. Also send an advance intimation to the SHO of the jurisdictional police station about her suicide threats so that you have a defence for yourself if she does succeed in ending her life.

Ashish Davessar
Advocate, Jaipur
29939 Answers
864 Consultations

5.0 on 5.0

You can file the divorce petition on the grounds of mental cruelty by showing exceptional circumstances before the court to consider your petition.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

File a case of divorce on the grounds of cruelty immediately. You will have to make a case of mental torture. keep a competent lawyer.

V Ranjan
Advocate, Delhi
62 Answers

5.0 on 5.0

You cannot file a divorce case within one year from the date of marriage.

You can file a judicial separation petition citing her drinking habits and suicidal threats as well as cruelties as reasons for this judicial separation petition.

For the present the above suggestion shall be better option.

T Kalaiselvan
Advocate, Vellore
68853 Answers
929 Consultations

5.0 on 5.0

Hello,

You can file the divorce after 1 year of the marriage.

Till then you may live separately.

the divorce will be filed on the ground of cruelty, also before the duration of 1 year is completed you may ask her if he is ready for the mutual consent divorce.

Mutual consent divorce will save a lot of time and money of both the parties.

Regards

Anilesh Tewari
Advocate, New Delhi
17841 Answers
312 Consultations

5.0 on 5.0

since wife is not working you have to pay her alimony

2) alimony is at discretion of court depends upon your income , wife income , standard of living wtc

Ajay Sethi
Advocate, Mumbai
78823 Answers
4739 Consultations

5.0 on 5.0

1. Yes

2. If you are able to prove that she has not behaved properly and that she has not performed her matrimonial obligations then you are not required to pay any alimony

Regards

Anilesh Tewari
Advocate, New Delhi
17841 Answers
312 Consultations

5.0 on 5.0

1. Yes you can file for Judicial Separation.

2. Yes, you may have to. You can harp on her educational qualifications and her previous jobs. She can ask you for any amount as that is between the both of you. However, the Court is not going to consider her demands per se if they are beyond your financial capabilities.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

She has right to ask you to pay maintenance or permanent alimony. Also she may even seek litigation expenses under Sec 24 of Hindu marriage act. Better to get divorce by mutual consent if she's ready. Even if she's educated court may be inclined to grant her maintenance based on your salary.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

First of all there is no case filed yet hence you have to think about filing of the divorce case when you become eligible.

The judicial separation case can be filed even now.

As your legally wedded wife she is eligible for seeking maintenance amount from you especially if she is unemployed and have no source to sustain her own day to day expenses.

Her qualification is not a criteria to reject her claim for maintenance.

Please be aware that she can file for maintenance only after your divorce case is disposed.

Hence you do not have to be worried in advance about the future maintenance case she is likely to file at a later stage.

T Kalaiselvan
Advocate, Vellore
68853 Answers
929 Consultations

5.0 on 5.0

If she files a fake complaint with the police for dowry harassment and other cruelties, you may first obtain anticipatory bail and then challenge her false cases in the trial court.

Whether you file a judicial separation case or not if she intends to file false cases you cannot stop her from doing it or cannot avoid police action, hence better you may proceed for filing judicial separation case.

This may come to your support to handle the current and future cases against you.

Also once judicial separation is granted, you may easily file a divorce case on that grounds itself at a later stage.

T Kalaiselvan
Advocate, Vellore
68853 Answers
929 Consultations

5.0 on 5.0

1) install CCTV cameras in the house

2) if house is standing in name of parents they can file suit and seek court orders to direct her to vacate portion of house in her possession

3) seek permanent injunction restraining her from disturbing their possession of house

4) you should stay separate with your wife in rented flat . file for divorce on expiry of one year of marriage

Ajay Sethi
Advocate, Mumbai
78823 Answers
4739 Consultations

5.0 on 5.0

Since you have filed a complaint with police regarding threat given by her you need not worry better to keep tap on her activities regarding where all she visits. If you get any hint regarding her lodging any complaint against your family provide the Police with the complaint already lodged by you against her. Secondly you need to wait for an year and in that divorce petition please ensure that you collect recordings where by she's threatening you or your family by filing false case that can be gold ground to claim divorce. You need to have strong proof to prove your case and get divorce.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Dear Sir,

Under the provisions of DV Act wife as a right to reside in the house of her husband or her in-laws house. Putting divorce case or praying for judicial separation may harm you to the extent that your wife may file as many cases as possible and Court may pass interim maintenance also. She may take 1001 reasons for not going to work thus get the sympathy of Courts . In this given background you must be more wise to get rid of her by putting divorce case after one year of marriage.

Kishan Dutt Kalaskar
Advocate, Bangalore
5579 Answers
217 Consultations

4.8 on 5.0

You need to wait for 1 year before filing divorce. She can file fake cases anytime. Your filing of divorce can't make any difference. You can file a Complaint that she is threatening to file false cases against you

Prashant Nayak
Advocate, Mumbai
22065 Answers
49 Consultations

4.4 on 5.0

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