• Spousal suicide attempt within 6 months of marriage

My brother married 6 months back. He and his wife fought from day one on one or other reason. His wife always complained about him to his in laws as well as his parents.She is also not doing all he marriage duties like taking care of home. she is house wife and sleeping all the time. Yesterday 1st time my brother complained about her to her famil . As a result when her family members called her today, she attempted suicide by taking lyzol. 
Now my brother is scared as police compaint is lodged for suicide. She is out of danger now. 
This marriage is not working out. what needs to be faced by my brother now?
Asked 5 years ago in Family Law
Religion: Hindu

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14 Answers

Your brother should shift to separate flat with his wife 

 

2) it would insulate your parents to some extent in case wife files false cases of dowry harassment , Domestic violence against them 

 

3) further she would not be able to sleep the whole day and would have to take care of the house 

 

4) visit a family counsellor to resolve the differences 

 

5) only if wife in her statement mentions that your brother harassed her and she attempted suicide would your brother be in trouble 

 

6) he can apply for and obtain anticipatory bail from sessions court in case false case is filed against him for abutment to suicide 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

1) Your brother should stick to point that she attempt to suicide and not performing marriage duties in matrimonial home.

 

2) Ask your brother to file annulment of marriage as his wife don't want to continue this marriage provide all reasons from day one of marriage her behaviour towards matrimonial family members.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

The only way your brother can be saved is if your parents file a domestic violence case against the daughter in law, which is possible, many wiĺl say, you cant, but there is apex court judgement. Moreover, dont file divorce, it will go on for years and your brother will have to pay maintenance and huge amount to settle, first demoralise the other side, easier to get it settled over mutual divorce

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1) your brother must a police complaint against his wife for attempt to divorce. 

2) seek divorce in a family court. 

3) appoint a lawyer to defend himself in the police complaint filed by his wife. 

4) I'm prepared to act as his counsel and advocate. Seek appointment with me. [deleted]

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

Committing suicide is a crime. It is indeed your duty to prevent someone who is committing suicide in your presence. If your wife repeatedly tries/tried or threatens to commit suicide, it amounts to cruelty against you and is a ground for you to take divorce from her

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

See if in complaint she has written that brother has done harassment and abetted the suicide if FIR is lodged he can be in trouble so at this point of time better to settle with her and take her to psychologist and marriage counsellor to find out if she has any issue with her mental condition.

 

Further if this does not work out your brother should move out and talk to her of mutual divorce.

In case she does not agree for same contested divorce has to be filed on ground of cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

There are some other regions in this marriage to be worked out and if it is not then let her go to her parents house and wait for the period of cooling to be complete to file a divorce petition on the harrassment ground and cruelity.

It will really be a difficult situation in case he goes for the suicide then the family could be charged for abetment of suicide.

Well before that if it is possible she can be taken to a marriage Counselor or psychiatrist to get her behaviour checked and in case it is a possibility to recover in the marriage

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

  1. As per the information mentioned in the present query, makes it clear that your brother and may your family also be in trouble if she says anything against you all as the presumption is always in the favour of the wife till completion of seven years of marriage.
  2. For now, I would advice you all to please talk to her and ask her to take the complain back.
  3. Once your brother is out of it then he may think of other legal way to get separate from her.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

While i can understand that is is extremely stressful for you and your family, you need to take advantage of the present situation.  Highlight this incident before her family and put forward your fears regarding the mental condition of their daughter and ask them to take their daughter with them and ask her to undergo counselling.  Do not display any fear as then the girl and her family will make your families' life miserable. If you maintain this stand that it was not at all your brother's fault, they may get scared and convince their daughter to make a statement to the Police that neither your brother nor your family had a role to play in the entire scenario.  Handle the situation tactfully and you will be able to get out of the situation. 

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

This is my response to you:

1. Approach a marriage counsellor and ask to settle the matter;

2. Then take his wife to physiatrist since she attempted committing suicide;

3. They can also hold mediation before a lawyer/impartial authority;

4. If all methods fail then apply for judicial separation;

5. After completion of the one year then go for divorce;

6. Consult a local lawyer and take steps. 

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

He must talk to the wife and see if the divorce can be taken mutually. 

In light of the facts told by you, it is less possible that any FIR will be lodged against your brother since he has not instigated the suicide. 

Also, once she is back home ask him to lodge a NC so that saying that she is constantly passing threats to commit suicide. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hi,

To preventdamage, keep record of her treatment and behavior. Also report the matter to police authorities as NCR for your protection.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Attempting suicide or suicidal threats are termed as cruetly and he can very well file a divorce case ion the grounds of cruelty against her for this reason alone.

However he may have to wait for one year completion of the marriage to file any divorce case.

If necessary he can file a judicial separation case for the present.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Dear Sir,

First get register a case against her for attempting suicide.  On that ground you can go divorce without alimony as life of your brother is in danger in the hands of his wife.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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