You can file contested divorce on ground of cruelty and also file custody of your child
My wife and her family are blackmailing me
Hi, I have been married for the last couple of years, My wife and her family have been blackmailing me indirectly from day one of the marriage for relocating with them, I am the only son of my parents and have told my wife and in-laws that it will not be possible as i have to take care of my parents, My wife has been blackmailing me with repeated suicide attempts every time i disagree with her even if it is an ordinary thing like taking care of our 1 year old baby girl, on june 2020 she threw my brand new mobile in water when asked to not shout as i was in a very important office call. She then consumed ant killer poison that night when we everyone was busy, she bought this from her native(Mysore). She was admitted by us to a hospital for an entire day where she refused drinking any poison. we then brought her home and then took her to one of the biggest hospital in the city as her condition kept deteriorating, psychiatrist at the hospital diagnosed that she has "Bipolar affective disorder", she said that she had such episodes before marriage when she was 15, 20 years of age. She and her parents did not reveal that they had taken her to any such treatments until the psychiatrist asked them repeatedly , I have now sent my wife back to her parent's house for a month so that she can recuperate. I asked them to take her to a psychiatrist and they did so. the psychiatrist said that he is unwilling to continue as my wife is providing inconsistent information and is manipulating the facts. My in-laws and my wife are manipulating me by trying to blame me everytime we have a disagreement, i now get the feel that they wanted me to move in with them to mask the fact that their daughter had such an issue, my spouse tries to manipulate everyone around by saying that i scold her for everything, I am really torn between living with her again or going our separate ways, I do not want my baby girl to grow up with my wife as it might affect her future nor do i have the confidence to take her back into my arms as i am scared that she will do something like this even for the smallest of disagreements(This is her 8th attempt in 2 years)
Asked 5 years ago in Family Law
Religion: Hindu
13 Answers
First of file a GD in your local PS. After that file a case for divorce on the grounds of cruelty.
Regards
File for divorce on grounds of mental cruelty
2) wife forcing husband to stay separate from parents amounts to mental cruelty and is ground for divorce
3) wife threatening to commit suicide amounts to mental cruelty
4) seek joint custody of your child
Threat and attempt to commit suicide is mental cruelty and ground of divorce.
To your horror, custody of child remains with mother. All you can do at this moment to keep her at parents home and take proper treatment.
Thank you for the inputs!, Is there a possibility to file a criminal case against my wife if her threats continue, Is there a way for me to not give her any maintenance in the name of child or the child itself
Asked 5 years ago
Record her threats
audio recordings are admissible in evidence
you can in divorce proceedings rely upon said audio recordings
you have to pay maintenance for wife and child
Yes you can file complain to police.
Maintianance cannot be avoided unless it is proved, that is earning and self dependent
- As per Supreme Court judgement, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Further, As per Supreme Court, Regular Threats to Commit Suicide Amounts to Cruelty and is also a ground for Divorce , and further Repeated attempts by wife to commit suicide amounts to extreme cruelty and divorce granted.
- However, 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.
- Hence, 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 , if she interested to live with you , then take her consent for mutual divorce , and if refused for the same , then you can file a divorce case on the above mentioned grounds.
You can file a criminal case only if there is any criminal offence committed by her. You can't avoid Maintenance of the child as it's your duty to maintain your children
You can decide about continuing this married life with your wife anymore.
She will keep repeating this drama forever in her life.
You cannot control her in future and this diseases will aggravate in the future causing you more dangers in life.
You can collect the evidences of her previous medical history somehow through your own sources or by hiring the services of a private detective services.
After that you can file a divorce case on the grounds of cruelty and also for child custody on the same grounds to take your child back from her since the child's future is of paramount importance which cannot be assured under the situation where the wife is suffering from bi polar disease with suicidal tendencies.
You can discuss with a local lawyer and proceed as suggested.
You can lodge a criminal complaint agaisnt your wife for the suicidal threats and seek protection.
As a legally wedded husband it is your duty to take care of your wife and child or to give them monthly maintenance.
Child maintenance have to be given.
Yes you can file a police complaint against her for attempting suicide as it is a crime
1. You are free to file petition for dissolution of marriage as the conduct of your spouse is tantamount to mental cruelty.
2. Criminal case is not yet made out against your wife, but you may send a complaint to police so that it comes to your rescue if she succeeds in ending her life and a case for abetment to suicide/dowry death is lodged against you.
3. Maintenance has to be paid by husband unless he is able to prove that wife is earning sufficiently on her own.
4. You can also file petition for child custody. If you can prove that your wife has suicidal tendencies then court has to award the custody of child to you.
Yes you can do it.