• I living with my spouse she always fight with me

I am living with my wife..i have two child my marriage have gone 5 years..she always fight with me and my parents she ...she always give bluster of suicide always we are in tense...she always doubt even she some time doubt with my sister also...if i am outside from home she always call if i late to come home she fight..
She always humiliate me....i want to separate now how can it possible to safe my parents...give proper advice please my family in too tense...even his family not hear us if we say something..i fear if filed a case she can ttempt suicide....
Asked 4 years ago in Family Law
Religion: Hindu

13 answers received in 1 day.

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15 Answers

Before taking any steps consult a Physiologist.

 

Normally a woman fight because of many reasons like emotions, tension, unsatisfied life, physical exertion, lack of mental peace, workload, incomplete wishes, lack of understanding between partners, lack of love, etc. There are various reasons for a person to be disturbed, some try to cope up against them by sitting silently and thinking of solutions.

If you want to separate from your wife, then file a case for divorce under the ground cruelty.

Giving repeated threats to commit suicide amounts to cruelty. When such a thing is repeated in the form of sign or gesture, no spouse can live peacefully.

If repeated threats are given by the wife and if preparations for suicide are made, though having no intention to commit, but with an intention to create a pressure or with a view to gain the expected result from the husband, then it amounts to cruelty .If do so then file a complaint before the police station for safe guard of parents and you

 

To get a divorce one has to prove wrongdoing on the part of other spouse, and impeccable conduct of one’s own in order to win. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other.

Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

Record your wife threats 

 

2) file police complaint against her constant threats to comit suicide 

 

3) file for divorce on grounds of mental cruelty 

 

4) wife accusing husband of having extra marital affair amounts to mental cruelty 

 

5) wife threatening to commit suicide amounts to mental cruelty 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You can make police complaint against her that she is trying attempt to suicide and threat by her life and your family life.

You can apply for divorce in the women cell in the same police station. They will call you both for further counseling.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

 at present your wife is living with you Indian case you want to initiate any divorce proceeding and you have to send a legal notice  to her regarding this but definitely this will get another problem in your home first of all you have to separate from your wife before you start anything of course you can choose for divorce and these Grounds of cruelty and miss behaviour

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

1. See you can first file a police complaint that she is intimidating for suicide and false case and is abusing you and treating you with cruelty.

2. Secondly you can file a divorce on ground of cruelty under section 13 hindu marriage act. You have to contest same and further provide evidence of her cruelty in the court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 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

You firstly lodge a NCR before the local police venting out your concerns over her suicidal threats.

After that if the situation do not improve you may inform her parents that it will not be possible to tolerate her rude and arrogant behavior including her suicidal threats hence to advise her or take her home to give her counselling on such an attitude and to send her back after she is becoming normal or if there is any improvement in her behavioral attitude and character.

You may send the above contents reduced to writing and send the same by registered post addressed to her father and wait for a considerable period for their response, if they fail to respond  nor taking any action n it then you may plan to file a divorce case on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

All her acts are mental cruelty. Just record all of her acts and than on the ground of mental cruelty, you can file for divorce. And these recordings shall be best proof of your and family innocence if she filed any false cases. 

If parents are senior citizen, they can file application before collector for protection order. And if house belongs to them, they can also file for her eviction. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

you can file a divorce on this ground it comes under the ground of cruelty only if you don't want to continue with the marriage..

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file a divorce after one year of separation. You can also try mutual consent divorce. Your parents can file complaint under senior citizens Act against your daughter in law

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. Collect evidence of her such giving of threat to commit suicide for no acceptable reason by audio/video recording her said statements.

 

2. Thereafter lodge police complaint against her for giving illegal threat to you to commit suicide implicating you and your family members for not toeing her line.

 

3. Thereafter file a divorce suit on the ground of cruelty submitting the evidence in support of your allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

- Be alert , If your wife even try to commit suicide or after doing so, she leaves a suicide note, you 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 name as the cause of your partner’s suicide then also you will be booked under the same provision of law.

- You should give information Application/Complaint to the SHO of your area police station, after narrating that you are facing hardship as your wife is having suicidal tendencies and further you should not be held responsible in case such a thing happens, and should also mention that she used to threaten for implicating me and my family in false cases of dowry.

- As per Supreme Court decision in Narendra v. K. Meena, (2016) 9 SCC 455

- Repeated attempts by wife to commit suicide amounts to extreme cruelty and divorce granted.

 - Hence, on the above grounds and mental cruelty , you can file a divorce petition. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1. You should first get separated from your parents if you want to save them from cases by your wife. 

2. File divorce atleast after 1 year of separation from your parents on ground of mental cruelty.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you need to be careful and vigilant about your legal rights and her also as otherwise your whole family will be in trouble if she happens to file any case or attempts to commit suicide as the marriage has not yet completed 7 years of marriage which gives law in her favour.
  2. You should get a DV case filed against her through your mother and you and mention about the threat of suicide also.
  3. If first complaint is yours then you may have some relief in case of her nay illegal act.
  4. Then you can proceed to file divorce case also on the ground fo cruelty as what she has been doing, amounts to cruelty on you.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

You should leave her at her parents place and then file a divorce petition against her. State all the facts and request for an early disposal of the divorce petition.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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