• Divorce case

My wife abusing me for having relationship with my sister in law .She don't want to have any relationship with my family members. I have left my home and live with rented property for more than 6 months. But still her behaviour have no changed .she is under medication of schiziophinia for more than one year and have sucidial tendency. I have recorded her voice for future legal issues.
Can I get divorce ? If she file false 498 against my family members than what precaution I have to take ? During the court proceding where she stay bacause she has sucidial tendency? And what evidence I have to collect to accept the court ? the Please advice me.
Asked 1 year ago in Family Law from Kolkata, West Bengal
Religion: Hindu

Wife constantly threatening to commit suicide amounts to mental cruelty and is ground for divorce

2) wife accusing husband of having extra marital affair amounts to mental cruelty and is ground for divorce

3) if wife files false dowry harassment case apply for and obtain Anticipatory bail from sessions court

4) complaint made to Police , correspondence exchanged with wife would help in making out a case fir divorce

Ajay Sethi
Advocate, Mumbai
66944 Answers
4041 Consultations

5.0 on 5.0

1) You can file for divorce against her on cruelty ground plus attempt to suicide tendency.

2) For 498a precaution your have apply for Anticipatory Bail and RCR for your precautions.

3) For suicide situations collect audio and phone recording evidence plus give NC against her attempt to suicide in the police station.

Ganesh Kadam
Advocate, Pune
7477 Answers
65 Consultations

4.9 on 5.0

You collect first her all medical documents then you can file divorce case with this documents. This reports can help you for dissolution of marriage. And further assistance you can contact with me.

Payel Ghosh
Advocate, Kolkata
13 Answers

Not rated

This is my response to you:

1. If there is irretrievable breakdown of marriage then file for divorce immediately;

2. You can file for divorce under Hindu Marriage Act, undergrounds of cruelty and mental instability;

3. You can tell the court that due to her current state of mental affairs you are not able to co-habitate with her;

4. Ask the court to grant you protection if she attempts to commit suicide;

5. You must make a police complaint against her, because if she has suicidal tendencies then you could also be blamed for it;

6. Take legal precautions beforehand and keep yourself safe.

Gowaal Padavi
Advocate, Mumbai
1826 Answers
2 Consultations

5.0 on 5.0

Hi, It is advisable to gather evidence of her mental conditions and file a contested divorce petiton on the same grounds

Hemant Chaudhary
Advocate, Gurgaon
4258 Answers
31 Consultations

4.9 on 5.0

You can file divorce case. But when you got married you have not mentioned. And regarding 498 case, you and your wife residing in a rented house. So your family members is not living with you. And in earlier occasion is your wife tried to suicide? It's not mentioned....

Shiladitya Barma
Advocate, Kolkata
2 Answers

Not rated

I have come across many cases like this. I can understand your problem at this stage. It is unfortunate that you could not lead a happy married life. There are some incidents that happen in your life and those incidents are so strong that they change your DNA. 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. Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation. Marriage doesn't guarantee that you will be together forever, it's only paper. It takes trust, respect, friendship, faith and understanding to make it last. Moreover, a relationship without trust is like a car without gas, you can stay in it as long as you want but it won't go anywhere.

You can take divorce on the ground of mental cruelty and many other grounds. You have to take a call now. I would suggest you file a mutual divorce petition. Divorce by Mutual Consent means when both Husband and wife has agreed amicably amongst themselves that they cannot live together anymore and that the best solution is to Divorce, without putting forth any allegations against each other, in the court of law, than such a Divorce petition presented jointly before the Honorable court, is known as mutual consent Divorce, it is the quickest form of divorce in India. Mutual divorce proceedings take 6 months to settle.

If have an anticipation that your wife will file false 498a then you should immediately obtain anticipatory bail. Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek ‘Anticipatory Bail’. This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence. Anticipatory bail is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested. To get anticipatory bail the person seeking it, must approach the Court of Sessions or the High Court and citing section 438 of the Criminal Procedure Code as well as giving proper reason, apply for it. If the court, based on a number of conditions and the nature of the case, sees merit in the petition the bail is granted. Hence if and when the person is arrested, he/she will be immediately released on the basis of the anticipatory bail.

You can collect all the evidences like audio, video and other documents to prove your say.

At last I just want to say that divorce isn't such a tragedy. A tragedy is staying in an unhappy marriage.

Shri Gopal Verma
Advocate, Delhi
204 Answers
1 Consultation

4.0 on 5.0

1. Schizophrenia is a good ground for divorce for which you can file suit but the disease has to be medically proved.

2. Yes , as a retaliatory measure she can file a case under section 498A IPC. However getting bail in those cases has become routine affair. So if it is filed you can easily get bail preferably anticipatory bail.

3. If she commits suicide no automatic presumtion arises fr your complicity or abetment in the act.

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

1. Yes you can get divorce, file a petition for divorce in family court.

2. If she files 498 case against you and your family members, you need to contest the case.

3. You can offer her a rented premises and pay Maintenance to her If she is unable to maintain herself.

4. Collect all the medical records, call recordings, text messages, her videos behaving rude and any other evidences which the denote her behaviour.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

Yes you can definitely file for divorce under section 13 of the Hindu Marriage Act on the grounds of mental ailments suffered by a wife which is a valid ground for divorce. You can also make cruelty as another ground.

There is nothing you can do to prevent her from filing a case against you but you can take precautionary measures such as filing a NC in the police station that your wife is threatening you to file false cases against you and your family and she is a suffering from schizophrenia, therefore having suicidal tendencies.

You should also try to collect as much documentary evidence you can which would protect you from the false complaints, if any. Also get a medical certificate from a doctor that your wife is suffering from the said disease.

Siddharth Jain
Advocate, New Delhi
4773 Answers
52 Consultations

5.0 on 5.0

Yes you can get divorce on the ground of the mental cruelty. See since she has suicidal tendency can give report same to the police can file a complaint against her. obtain the medical certificates of her mental disorder.

You can stay separately from her further parents can seek an injunction against her sp that she may not be allowed enter their home.

Further you can medical reports, chats, messages recording video footage and other evidence such as neighbours can be witness in the case.

Shubham Jhajharia
Advocate, Ahmedabad
19332 Answers
75 Consultations

5.0 on 5.0

1. The conduct of your wife amounts to mental cruelty, so if you have collected evidence of it then you are free to file a petition for dissolution of marriage.

2. If she files 498A then apply for and obtain anticipatory bail.

3. During the subsistence of marriage she has the right to reside in her matrimonial home.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

If Police inspector refuses to take your complaint against wife file complaint against inspector before commissioner of police

2) if no action is taken file complaint before magistrate under section 156(3) cr pc to direct police to investigate and submit report

Ajay Sethi
Advocate, Mumbai
66944 Answers
4041 Consultations

5.0 on 5.0

Sir file a complaint with a written application before senior police office regarding same firstly as to SP or commissioner if they fail to take action.(keep record of same) file a private complaint with jurisdictional magistrate under 156 crpc read with 190 and 200 crpc.

Shubham Jhajharia
Advocate, Ahmedabad
19332 Answers
75 Consultations

5.0 on 5.0

Please contact with me for detail discussion.

Shiladitya Barma
Advocate, Kolkata
2 Answers

Not rated

1. Then send the copy to police through a registered post.

2. Preserve the postal receipt of the post.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

1. First of all lodge a police complaint for her attempting to commit suicide with the influence of the ailment of schizophrenia as is commonly found with it.Also add the complaint of her cruel acts and torture meted on you and your family members.

2. the above police complaint may act as a shield in case she commits suicide or lodges police complaint u/s498A of IPC.

3. There after you can file a divorce suit for being unable to continue your married life due to her having schizophrenia.

4. If you have married recently then you can also file a petition for annulment of your marriage for her taking your consent of the marriage suppressing the fact that she is suffering from schizophrenia.

Krishna Kishore Ganguly
Advocate, Kolkata
22518 Answers
594 Consultations

5.0 on 5.0

1. You can send the complaint letter by speed post to the said police station under copy to the concerned S.P./D.C. and after 3/4 days collect the track record of delivery from the net.

2. It will be legally considered as valid police complaint made.

3. it is not a fact that you can not go against women legally.

4. If police refuse to register FIR based on your said complaint, you can file a Writ Petition before the High Court against police inaction praying for an order upon the police to register FIR, investigate and act as per law based on your said complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
22518 Answers
594 Consultations

5.0 on 5.0

You can file a contested divorce on the grounds of cruelty.

You may collect the evidences and medical certificates pertaining to her ailment i.e., schizophrenia

You can live separately away from her after filing the divorce case against her.

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

The police generally dont entertain such complaints from men,

however if you can influence the police somehow then you may have it registered.

alternately you may aproach the top police officer of the district and give a similar complaint for stopping the police from moving any further in case the other party is influencing the police from their side.

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

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