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Hi,
I left my wife in March 2018 and am not staying with her ever since. I did this because she would regularly threaten me with suicide and her family also kept threatning me that me, my mom and sister will go to jail. I stayed with her for more than a year after my marriage but her torture kept increasing day by day and I had to ultimately leave my home. This was followed by legal proceedings in the women cell but even there my wife didn’t accept her mistakes. Therefore I refused to accept her back.
Now my wife is torturing me mentally, she keeps on calling me, my family, my friends and even gets some unknown old people to call me and try to convince me. She refuses to divorce me and said that she wont move on ever. I tried telling her father but he didn’t even listen to me and started abusing me.

This mental harassment has started taking a toll on my health as well as my career.

Kindly let me know on what basis can I file a case against my wife and put an end to this harasssment.

Note : My advocate told me not to file divorce by myself first, let her get more irritated.
Asked 5 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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14 Answers

file for divorce on grounds of mental cruelty 

 

2) wife threatening to commit suicide amounts to mental cruelty and is ground for divorce 

 

3) wife abusing husband amounts to mental cruelty and is ground for divorce 

 

4) also seek a restraint order against wife contacting you in any manner 

Ajay Sethi
Advocate, Mumbai
94518 Answers
7485 Consultations

5.0 on 5.0

The only option at your disposal is to file for divorce on grounds of cruelty by her as threatening you to implicate your family in false cases amounts to cruelty and is a valid reason for divorce under section 13 of Hindu Marriage Act. Also, her threats of committing suicide amount to cruelty upon the husband. Her false complaint women cell also amounts to cruelty.

 

Your advocate is probably asking you not to file for it, so as to prolong this matter. There is no problem in filing for divorce when there are no chances of reconciliation betwee the spouses.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

Hi,there is no such litigation which you can initiate at this stage agaisnt your wife ...It is advisable to avoid any kind of contact with her for the time being so that she herself make up her mind for divorce..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Hello,

First off all file a NC in the police station that you are being subjected to such cruelty and harassment at the behest of your wife. 

Secondly, after collecting proper evidence to prove mental cruelty you can go ahead and file a divorce case on the ground of mental cruelty. 

 

Regards 

 

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. You shall have to collect evidence of her causing mental torture on you by audio/video recording her conversations with you which will be considered as digital evidence.

 

2. You can seek decree of divorce on grounds accepted by law and mental cruelty is one such ground.

 

3. After collecting the evidence, file te divorce suit on the ground of cruelty.

 

4. However, after receiving the notice of your filing the divorce suit, she might lodge false 498A complaint for which you should lodge a police complaint well in advance to the police alleging that your wife has been threatenin g you that she will lodge a faklse complaint against you u/s498A of IPC if you file a divorce suit against her. 

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Your advocate is misguiding you. You can and Must file for divorce on grounds of cruelty and desertion

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1545 Answers
5 Consultations

4.4 on 5.0

Dear Sir,

 

- There is no such hard and fast rule, not to file the divorce.

- If you have all sufficient evidence in hand to prove the cruelty from wife in such case U/s 13 1a of HMA 1955. 

- Besides, your advocate is at some extent right not to file marriage dissolution first as it shows that you are not keen to maintain the marriage. 

- There are many citations of the apex court to support such cause. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

You can file a contested divorce against her on grounds of cruelty

Prashant Nayak
Advocate, Mumbai
31802 Answers
175 Consultations

4.1 on 5.0

See file a complaint before police for intimidation and threat against your wife. That she is regularly harassing you and giving threats of suicide.

See you can file divorce on ground of cruelty against her though your advocates suggestions may be also right but if she keeps doing this and gives a police complaint against you register FIR then it can again increase burden for you at least after filing divorce you have chance that you can be granted with the divorce. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No case of much gravity can be filed against your wife.

However when you are willing to file criminal case against your wife then there is little scope for survival for his marriage and if that is so then ask for for her mutual divorce.

She may agree on it if you fulfill her monetary demand.

Otherwise you will have to file a contested suit for divorce and the instances you have mentioned if proved in the court then you will get a decree for divorce.

However during sch time the court will direct you to pay her monthly maintenance if she has no independent source of income.

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

Dear client

husband can file divorce on the ground of cruelty against wife. Giving threat of suicide is amount to cruelty. Record her statement in phone regarding suicide as a proof. U can show it to the court

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi, 

Your advocate has rightly advised for not filing divorce because she may file false cases under women oriented laws. But, there is limit of everything and if you feel that she has crossed the limit, you may file case for divorce against her under the grounds of cruelty. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Dear client 

My suggestion is that you should file the divorce case on basis of mental cruelty caused by your wife and her family. 

And this is because she will have to face the court proceeding and when she will come to court either her mind will change in positive way or you can get relief of divorce.

But consequences of divorce can be a complaint under 498 A to police and Domestic violence and Maintenance cases in court. For that you have to make yourself strong because if your file divorce case first your defence in these cases can be because you file divorce case she file these complaints to counter your case. 

Also keep recording her calls and other people who call you on her behalf. There might be something you get to prove the mental torture caused by her towards you. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

In my opinion, you should go ahead with the divorce case on the grounds of cruelty.

Her activities, attitude towards, her suicidal threats, false case before police are all some of the grounds to depict cruelty as reason.

 

Yo dont have to wait for her to become alright anymore because it is more than a year that you are living separately away from her and you dont find any changes in her behavior or attitude.

As a retaliation she may lodge criminal complaint under section 498a, let she do it, you may obtain AB and then challenge the false case on merits.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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