• Harassment from wife

I'm asking this on behalf of my friend ,my friend got arranged marriage around 1.5 years ago ,they belong to the marwadi community ,the wife started behaving very weirdly after marriage and started quarreling with my friend continuously ,she threatens to commit suicide my slashing her wrists and threatening that she will file a complaint against his family ,we have realized that she is mentally not sane ,my friend has tried all methods of convincing her but to no avail 

- My friend wants a divorce but she is insisting that she doesn't want it nor is he willing to leave his house 
- She is constantly harassing my friend and creating mental and physically torture 
-She is not willing to leave his house but is staying there causing lots of physical trauma for my friend on a daily basis 

What are the best option to get out of this without any problem or suffering to my friends family and him !
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

First of record all her threats and menace creating by her, that will be valid proof of her cruelty.

Without evidence divorce may not grant and more particularly record her suicide threats, valid proof of cruelty and ground of divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

1. Let your friend convince his spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

Shashidhar S. Sastry
Advocate, Bangalore
5109 Answers
314 Consultations

5.0 on 5.0

Dear Sir,

 

Attempt to suicide is also an offense if she commits such offense in future then simple hand over her to the police and ask them to book a case. Even now on her threats of black  mailings and your recordings police can book a case. Just threaten her through police.

 

I can completely understand the stress and trauma that you are undergoing. It appears that she is mentally upset over breaking up with you and feels emotionally insecure and vulnerable. At first, you should consider taking her for psychiatric treatment. At the same time, in order to protect yourself and your family I think you should consider filing a complaint with the local police authorities. You should also consider informing the State and the National Commission for Women that you are going through this. This preemptive action may protect you from suffering any harm in the future in case she takes any step.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

- Be alert , If his wife even try to commit suicide or after doing so, she leaves a suicide note, your friend could be booked by the police under Section 306 IPC for abetting her to commit suicide.

- Further, if she does not leave any note but her family and friends in their statement give your friends name as the cause of her suicide then also he will be booked under the same provison of law.

- Hence, firstly , he should give an information Application/Complaint to the SHO of your area police station , after narrating that he is facing hardship as his wife is having suicidal tendencies and further he should not be held responsible in case such a thing happens.

- Further, Inform the same to her parents and also to make her attend counseling.

- Regular Threats to Commit Suicide Amounts to Cruelty and is also a ground for Divorce.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty 

 

2) wife threatening to commit suicide amounts to mental cruelty 

 

3) wife abusing husband amounts to mental cruelty 

 

4) also file police complaint regarding wife constant threats to commit suicide 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

She suffers from borderline personality disorder. I have handled such kind of cases. She will never stop till she destroys his life and family and his business.

File for divorce immediately on grounds of insanity and cruelty.

Also if possible rake her to her parents' house and leave her there.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

He can file contested divorce against her. It's a only option

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Your friend can file for divorce under cruelty, before doing so, have substantial material proofs about her behaviour.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Sir,

You friend may silently start to collect enough evidence to demonstrate before the court  that her activities part of "cruelty". For this purpose he may instigate her and get video recorded such behaviors for getting divorce easily because normally courts do no all divorce petitions filed by husbands.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Please try to approach counselling / mediation centre and explain them this facts and they will arrange for the sitting of both the couples and try to resolve the issue amicably if it does not resolve then you  can file a divorce petition!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

First let him convince her and take her to psychiatrist.

Let him ascertain the nature of illness,  if it is incurable then he should talk to her parents about this and get her admitted to a mental asylum, but if it is curable then he can leave her in her parents' house and get her treated.

If the above are not possible then he may decide to file a contested divorce case on the grounds of cruelty.

However given her adamant and weird nature of behavior, he may find it difficult to cope up with the situation including divorce case, let him consult a local advocate and proceed on the advises received.

 

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

See firstly your friend has to file a police complaint for intimidation on suicide and false cases by wife.

Further friend can file a divorce on ground of cruelty agaisnt his wife ,even she is staying in his house he can file divorce and can record any harrasment and intimidation from her.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. In this scenario the only thing your friend can do is to file a petition for dissolution of marriage on the ground of cruelty against his spouse.

2. His wife may file 498A and DV cases against him and his family members.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

your friend can file a petition for divorce on the ground of mental cruelty, as far as law threatening to commit suicide is also amount to cruelty . 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Since wife in not in favour of divorce, mutual consent divorce isn't possible in your friend's case. Your friend will have to contest a divorce case against his wife. He may seek divorce on the ground of mental cruelty. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Your friend should install hidden cameras in common areas of house to collect evidences that his wife is creating mental trauma to him and also abuse him physically.

And he should file divorce on ground of mental and physical cruelty against his wife.

If possible he should take her to some psychiatric and get report of her mental health so that his case can become more strong.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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