• Threat of suicide

I have been married for 2 years and asked my spouse for a divorce and she attempted suicide. The police informed me that if she died within 7 years of marriage me and my family will be in jail.
She keeps threatening to suicide if I leave or ask for divorce. I need to know what my options are to keep me and my family safe.
Asked 4 years ago in Family Law
Religion: Hindu

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34 Answers

File police complaint against wife for her constant threats to commit suicide 

 

2) file for divorce on grounds of mental cruelty 

 

3) wife constant threats to commit suicide amounts to mental cruelty and is ground for divorce 

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

See you can file a complaint before police that she is intimidating and threatening you for suicide and cases further you can file divorce on the ground.

See in case she does anything and FIR is filed you may have to take anticipatory bail and defend the case though you may be convicted only if she does because of any harassment from you and you leave no way out also just on ground that you are asking divorce you cannot be convicted.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You should file a representation in the police station near you stating that she us harassing you by threatening to commit suicide. 

File a divorce case once this Corona thing is over. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Well, it is true that is a wife within 7 years of marriage commits suicide the presumption of dowry death arises.

2. At the same point of time giving threats to suicide is instance of grave mental cruelty and hence on this ground alone you can get a decree of divorce if this threat is proved in court.

3. So the choice is yours whether you would live remaining life with her to get away and file the sit for divorce. No one can predict whether indeed she will file the suit for divorce or not.

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

Hello,

Without going into the detail it is not fair to suggest you anything but yes ask one of your elders of your family to file a GD against her for threatening and blackmailing the family members.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

Respected sir...

You have to contest and file divorce case on merits 

  • Cruelty. One of the first grounds of divorce is cruelty. ...
  • Repudiation of marriage. ...
  • Maintenance and Non-cohabitation: ...
  • Adultery: ... 

These are the general ground but even she is threatening to comit sucide then that itself create a new ground for divorce ...just make it recording when she gives threats of sucide and file that case without her knowledge mentioning that as a ground...once you file case and even after she comits sucide then you and your family will be at safe end ...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

1. It is a fact that section 498A of IPC is very effectively applied if the spouse dies with in 7 years of marriage.

 

2. What is the reason for which you want divorce from your wife?

 

3. Divorce suit can be filed on acceptable ground like cruelty.

 

4. So, if you have irrefutable evidence of her cruel acts on you, divorce suit can be filed by you on the ground of cruelty.

 

5. There is also Supreme Court Judgment stating that if wife commits suicide, not necessarily husband is the caue of it.

 

6. You shall have to lodge complaint to police under copy to DC alleging that your wife has been threatening to commit suicide if you file divorce suit even on valid ground. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Instead of asking her for divorce, you can issue a legal notice on the same grounds and inform her that if she is not agreeing for mutual consent divorce, then you will file a contested divorce on the grounds of cruelty.

In the meantime you can give a NC complaint to the local police mentioning her suicidal behavior/threats  and seek protection from her in case she really commits suicide and you can also make a brief mention bout her cruel activities against you and both are having a rough sail in the marital voyage  and that you plan to file a divorce case against her. 

You can consult a local lawyer on all such further issues and proceed on the suggestions received.  

T Kalaiselvan
Advocate, Vellore
84914 Answers
2195 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.

- 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.

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

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

- Hence, if you dont want to continue with her , then file a divorce of case on this ground .

 

Pls. dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

Contested divorce proceedings take over 5 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
94713 Answers
7530 Consultations

5.0 on 5.0

The contested divorce proceedings can take at least two to three years for disposal.

T Kalaiselvan
Advocate, Vellore
84914 Answers
2195 Consultations

5.0 on 5.0

1. It can not be predicted since it depends on many factors.

 

2. It might take 2 to 4 years to get the decree of contested divorce if you have valid and irrefutable ground for seeking the said decree.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

- This depend upon the burden of the court , and the efficiency of your lawyer.

- However, during the trial of your divorce case, you can settle the dispute with her any time , and can also agreed her mutual divorce with the help of court. 

Mohammed Shahzad
Advocate, Delhi
13219 Answers
198 Consultations

5.0 on 5.0

You should file for divorce and state the grounds under which you want divorce. Give applications to police authorities and administration that she is suicidal. File an application in the court too.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

it will take around 1-2 years. It all depends upon what grounds you plead and what evidence you have.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

As per your Query you file Divorce petition before the family court and contest the same and also approach the concern Police station and give a complaint that my wife is threatening to commit suicide and want to falsely implicate my entire family 

Mazher
Advocate, Hyderabad
64 Answers
7 Consultations

4.3 on 5.0

There is no time limit and it could take anything between 3-6 years. 

Devajyoti Barman
Advocate, Kolkata
22821 Answers
488 Consultations

5.0 on 5.0

Duration cannot be confirmed for a court case.

May be 1 year or may be 3 or 4 years

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. You can file divorce petition on ground of mental cruelty by wife as threatening for suicide is also a type of mental cruelty.

2. For that you have to collect evidence that your wife is threatening you for Commiting suicide.

3. Try to keep check on her activities when is she in your house never leave her alone till she is living with you. 

4. It can take years to get divorce if your wife decides to contest the case.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

A contested divorce take years that is the reason most of the people go for divorce by mutual consent.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

You can file a complaint that she threatens to suicide everytime. You can seek anticipatory bail now if no t arrested till date. You can file contested divorce if she is not ready for mutual divorce. It takes 2 to 3 years 

Prashant Nayak
Advocate, Mumbai
31949 Answers
179 Consultations

4.1 on 5.0

Dear Sir,

The police has informed your the provision of law that if the wife dies within 7 years of marriage, it may be assumed that he was demanded dowry, tortured and this caused the death. You have not mentioned as to why you need divorce from her. To prevent any untoward action by her and police, you are suggested to submit one informatory application to police (by post) indicating the harassment and threat given by her and request to give you time to put your version before taking any adverse action against you. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You are now total safe after facts your wife attempted suicide is known  to police and on record .

No such provisions is there in law that can put you behind the bar. 

You can file divorce case . 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Have record of her earlier attempt of suicide.

If you can afford, install CCTV cameras, so that the recordings will rescue from false cases which will be  filed by her and protect you and your aged parents from hardships.

Lodge police complaint about her  threats to commit suicide.

Wife threatening to commit suicide amounts mental cruelty.

You can file for divorce on above ground.

If  it is contested divorce it will taken around five to ten years.

Best option, if possible, go for Mutual consent divorce, it will be completed within one year to eighteen months.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

if failed, you have two options,

one option is to,

file contested divorce on the grounds of mental cruelty but it will take many years,

once you file contested divorce she may file/claim

498a complaint 

Domestic Violence case

maintenance,

so be ready for them too,

and,

the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,

RCR will work as a safeguard to 498a, maintenance, DV etc 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Dear Sir,

People who have a mental illness, such as Borderline Personality Disorder, typically have a higher risk for suicide. Depression, a history of substance abuse, and other disorders carry risks as well. If your partner truly wishes to die and has a plan and intention to follow through, get immediate help.

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.

Criminal Intimidation:

When one threatens another with an injury to reputation, with the intent to cause alarm to that person and forces him to do what he is legally not bound to do, this is called criminal intimidation.

It is a threat to harm reputation, property or the person himself and cause of action of these threats are often unlawful.

  • When someone threatens to commit suicide, in such cases, a case of Criminal Intimidation can be filed.

What To Do With Such Threats

  • If your partner leaves a suicide note, you could be booked by the police under section 306IPC for abettment to commit suicide.

On the other hand, if he does not leave any note but his family and friends in their statement give your name as the cause of your partner’s suicide then also you will be in trouble.

Inform local SHO of the police station through an application stating that this person is having suicidal tendencies and you should not be held responsible in case such a thing happens. Inform the same to his parents.

Punishment to criminal intimidation:

Imprisonment which may extend to seven years or with fine or with both.

Defamation

When BF creates a scene by shouting loud in the locality or when he invites others and cries hissorrow in front of others at the same time threatens to commit suicide, one can file for defamation cases. Defamation is when harm is done to the reputation.

Going for civil or criminal defamation is one’s personal choice. There are certain requirements to be fulfilled to establish defamation.

  • First, presence of defamatory content when a BF accuses her and threatens to commit suicide that too in front of others, the reputation of the GF will decrease surely in front of others.
  • Second, defamatory content must refer to the person defamed.

  • Thirdly, publication, that is to say, a third party must come to know of defamation.

Threat to Commit Suicide and Extortion of Money

There are situations where somwone threatens to commit suicide on non-signing of some contract or non-delivery of an object. What to do in such cases of threats? How to deal with such contracts signed under coercion?

Coercion is doing an unlawful thing as mentioned in IPC and getting a contract signed. Therefore, when someone threatens to commit suicide unless the other signs a contract. A threat to commit suicide is indistinguishable from one to attempt to do so and that such an attempt is forbidden by Section 309 I. P. C, which penalizes it.

The threat to commit suicide, although, not a specific offense as per the provisions of IPC but still, the spirit of code does not support it either. Therefore, by doing an unlawful act one cannot force the other to enter into a contract.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

If repeated threats of suicide are given by the wife and if the 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. Cruelty is a ground for divorce. Contact a local lawyer to file a divorce case against your wife. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

File a peitition to divorce. 

Duration depends on functioning of courts, other side advocate's delaying tactics. But if you engage an advocate who stubbornly oppose such tactics it will be completed within 2 years.

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1. If she is not ready for mutual divorce and you file contested divorce on ground of cruelty it kay take singer time from 3 to 4 years or more to settle.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

attempts to commit suicide as well the threats to commit suicide could amount to  cruelty  and it can very well be a ground for seeking divorce. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

contested divorce proceedings take 2 to 4 years. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Respected sir...

If you go mutually then it will only take two to three months ...

And alimony will be mutually decided by you as on what amount she agree and what you give that will be amicable settled between you both...

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 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

1. If a woman dies an unnatural death within 7 years of her marriage then FIR is registered against husband under Section 304B for dowry death.

2. It is a long drawn and tedious road for husband to prove that no act of harassment pertaining to dowry was committed on her.

3. To be on a safer side, immediately send a letter to the jurisdictional police station to state that your wife has suicidal tendencies, due to which you apprehend implication.

4. Nothing stops you from filing petition for dissolution of marriage.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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