I have been married for 4 years now. We have a daughter who's one and a half years old. My wife started quarreling with me and my family ever since she we got married. She has an extremely high temper and things which usually look very normal make her very angry. Every couple of months she creates a big ruckus and this has been regularly going on since the last 4 years. When we used to live with my parents and brothers, she kept blaming my mother, though in most instances I found that her complaints were baseless and a product of her thoughts. At least 7-8 times in the last 4 years she has resorted to extremely violent behavior like shouting on top of her voice, hurling abuses at me my mom and our family. On a few instances even the neighbors witnessed the ruckus and on two instances she ran out of the building shouting like a mad woman. On multiple instances she has tried to commit suicide. But she always does it in front of me. Once she left the house and then called me saying that she'll go on the tracks to die. I reached the spot and took her away. She has tried to cut her veins of her hands umpteen times unsuccessfully. We started living separate from my family but in the same complex so her problem with my mom could get sorted and we could also manage our kid with some help frm my family. But the quarrels have only increased. Now the reason is my financial condition. I'm a physiotherapist and I earn ok. But since she's from a rich family she's never satisfied. This time she again did a big ruckus after which I asked her brother to take her away. She's at her home since two months with our daughter. But in these two months there were constant threats of divorce one failed attempt of suicide, again in front of me. Her family kept blaming our finances. But finally they sorted the things, accepted that she has an anger problem and she has agreed to go for regular counselling with a psychologist. I want things to get better for the sake of our daughter but I'm scared and I know that this shall repeat again. But still I've agreed to give her a chance. I have these questions 1: Should I file an NC to safeguard me and my family? 2: Will filing an NC affect our relationship again if the police or court calls her or her family. 3: In that case can I file an NC with her and her family's consent. 4: Will a written statement from her side, stating that we won't be responsible if she harms herself, hold good in court in case of an adverse event? 5: If we agree on divorce and things go wrong will I get the custody of my daughter? 6: Will I be liable to pay alimony?
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1. Yes you should file NC at this juncture.
2. Police will not call after you file the NC. It is just an intimation to the police.
3. No
4. Partially it will
5. If you agree for mutual consent divorce then the custody will also have to be decided in the said consent.
6. Depends on the facts and the claim made by her.
regards
1. Yes
2. It may but it's necessary for your further safety.
3. No need. But if you feel you can.
4. Yes
5. Yes you can decide custody mutually otherwise you need to file contested custody
6. Yes alimony for wife if not working, child support definitely.
1. Yes you should file a non-cognizable complaint against wife that she is intimidating for suicide and false cases.
2. See police will not disrupt your relationship you can inform same at station.
3. See there is as such no procedure of there consent though you can make an agreement and can take sign of wife and her family mentioning her suicidal threats and there is no cruelty on your behalf.
4. You can make an agreement mentioning same and it can be used in court.
5. If she is not earning court can ask you to pay her alimony.
1) file NC regarding wife constant threats to commit suicide
2) police would not call her or her family
3) written statement from her would help you
4) file for divorce by mutual consent
5) you have to pay her alimony
6) you would get visitation rights for child
you can give a complaint in advance before Police Authorities about her false threats and ask the authorities not to take any action on the false complaints filed by wife.
After filling NC police or court not call to anyone.
for filing NC consent not required.
no need for any written statement you can mention her threats in NC application.
you both can file for MCD.
if she not working then you have to pay her alimony
Below are answers of all your questions :
1. Filing a NC with the police is a good idea but make sure that it should not retaliate with her criminal complaints against you on cruelty and dowry harassment etc.
2. It may hav an adverse impact.
3. They may not agree for that.
4. This may not be admissible as primary evidence before court in case of any such event.
5. Child custody and divorce are two different subjects, you may have to fight each case on its own merits and not by combining them both.
6. If she is not employed and not able to sustain her expenses from any sources then you may be liable to pay alimony to the extent of at least 25 % of your proved income.
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