• Mental cruelty by Spouse and her family

My wife made repeated attempts at suicide and was admitted at a leading hospital for 10 days last june, She was diagnosed with Bipolar Disorder, The doctor recommended that she gets her initial treatment around her parents and hence i decided to send her back to her parent's. 

Her parents were reluctant in providing her the necessary treatment and were keen on slandering me and my family. After repeated requests i managed to get her diagnosed at Apollo Banglore and the senior psychiatrist diagnosed her with Borderline Personality Disorder. They did not provide any proof of treatment and hence my lawyer recommended that i send across a legal notice.

After sending the same my in-laws started showing interest in her treatment and got me a certificate saying that she has been diagnosed with cluster b disorders/Traits and has received treatment in the form of medication and psychotherapy.

I would like to get an expert opinion on how to take this forward with safegaurds. The doctor says that her condition is such that she cannot be cured completely in this life time and no guarantee/assurance can be provided him as a doctor that she might not attempt another suicide.

Also they have clearly concealed her pre-existing condition and tried to slander me into blackmail. Can this information be used to protect myself from being exploited by them
Asked 4 years ago in Family Law
Religion: Hindu

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14 Answers

You can file for divorce on grounds of mental cruelty 

 

2) wife threatening to commit suicide amounts to mental cruelty 

 

3) rely upon medical report that wife is suffering from mental illness 

 

4) also file NC in local police station of wife constant threats to commit suicide 

Ajay Sethi
Advocate, Mumbai
100035 Answers
8167 Consultations

yes you can use the same against her if any proceedings filed by her. You can also file for annulment in the above case

Prashant Nayak
Advocate, Mumbai
34708 Answers
250 Consultations

A threat by the wife to her husband that she will put an end to her own life and implicate him and his entire family tantamount to causing mental cruelty.

A personality disorder is a type of mental disorder in which you have a rigid and unhealthy pattern of thinking, functioning and behaving. A person with a personality disorder has trouble perceiving and relating to situations and people.

People with personality disorders are at increased risk of several different mental disorders, including depressions and anxiety disorders, suicide and para suicide.

These behaviors and attitudes often cause problems and limitations in relationships, social encounters.

Since you have mentioned that her parents suppressed this fact which was material to marriage, you can very well proceed with the divorce on the grounds of cruelty narrating ll the incidents as reasons for the acts of cruelty 

 

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

Dear client, 

These kinds of information are usually used to dissolve your marriage as it is avoidable when such things are concealed from another party to the marriage. You can keep these as evidence in case she violates any of your rights in the future. Also, an attempt to suicide is an offence under the Indian Penal Code so you may have to report this to the police station. 

Thank you

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

Your first priority should be to give your wife proper medical attention and treatment, irrespective of what her parents do, as a dutiful husband. Only with your unflinching support can she regain her normal life. Please do not jump to any conclusions at this stage.

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

Chances of getting divorce is slim

Custody will be difficult.

Depending upon the judge you may be directed to take care of your wife and daughter and shall not be permitted to escape from obligations. 

 

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Install CCTV cameras in living room of your flat 

 

record all threats received from wife 

 

in event of divorce wife would be entitled to custody of your daughter 

Ajay Sethi
Advocate, Mumbai
100035 Answers
8167 Consultations

Your intention of reviving your wife is laudable. Considering you have a girl child, it is better for you to reconcile with your wife and not opt for divorce at this stage. 

Swaminathan Neelakantan
Advocate, Coimbatore
3082 Answers
20 Consultations

You need to counter allegations if she files after she stays with you. There is no other protection. Try to install cctv at your house to collect evidence. 

Compensation is not fixed and depends on the fact of her requirements and standard of living during marriage

Prashant Nayak
Advocate, Mumbai
34708 Answers
250 Consultations

- Section 306 of IPC defines the abetment of suicide, if any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment which may extend upto 10 years and shall also be liable to fine.

Further, if she does not leaves any suicide note , but there is also possibility that her family members in their statement give your name as the cause of her suicide and blame for dowry demand , then also you can be prosecuted under the Section 304B of  IPC( Dowry death).

- However, Bombay High Court in the matter of Gulab Versus The State of Maharashtra & others, held that, mere mention of a person’s name does not by itself prove that the person is guilty of Abetment of Suicide.

-  Further, as per Supreme Court , Regular Threats or attempts to Commit Suicide Amounts to Cruelty and is also a ground for Divorce.

- You can 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.

Mohammed Shahzad
Advocate, Delhi
15871 Answers
243 Consultations

Dear client, 

Keeping proof of all the exchanges you have with the doctors and her family members will help protect you. As for the custody of your daughter, you can get her custody if you can prove in the courts that she is not mentally sound to take care of herself, let alone your daughter. 

Thank you. 

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

There is no question of legal protection to you if you decide to bring her back into your home, especially if she attempts suicide or indulges in any undesirable activity, you cannot seek shelter under law, you may have to protect yourself based on the prevailing circumstances.

As far as child custody is concerned, you can file a child custody case on the basis of her mental illness, by producing the medical certificates to establish her mental unstable condition. 

The alimony or maintenance is not automatic along with the divorce judgment.

She has to apply for it separately following due process of law upon which the court will hear both the sides and pass orders on merits. 

T Kalaiselvan
Advocate, Vellore
90235 Answers
2508 Consultations

1. You should collect all the documents mentioned by you and lodge a complaint to your local police station under copy to the SP/DC of your area alleging that she has committed and is likely to try to commit/ commit suicide due to her psychological ailment as evidenced by the medical report.

 

2. This will save you for any future eventualities concerning her future attempt to commit suicide.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

1. You can bring her back and get her treated by a psychiatrist.

 

2. Before bringing her to your home, lodge a police complaint as suggested in my earlier post to safeguard yourself.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

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