• Regarding Section 107 and 498A

Dear Sirs/Madam,

I got married on 12/02/2015..from day one we have compatibility issue..i tried to sort it but i got failed.
she is adamant, she misbehaves with my family member whenever they come to my home.she did not cook food.recently we had quarrel on very pitty issue of not filling water.then she consumed phynel.I am into government job.I am very scared.I cannot live with her under such circumstance. because she may did the same thing again on small day to day issue.The Police station also wants me to settle down.Now what should i do.she also take sleeping and antidepressant tablets .I have only few reciepts of it.She was on medication of the same but her parents did not tell me ..Now what should i do.Please help. I also gave application to SP office regarding the said incident of phenyl consumption and threatening..Please suggest what should i do.
Asked 1 year ago in Family Law from Bhopal, Madhya Pradesh
Religion: Hindu
1) consult a psychiatrist . obtain medical opinion whether your wife is suffering from any mental illness 

2) if medical report reveals that wife was suffering from mental illness prior to marriage and fact was suppressed from your family file for annullment of marriage on account of fraud 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
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Hi, as the marriage is not completed one year so you have no option to file a petition for divorce within one year.

2. As far a 498/A is concerned the police will not arrest you immediately once she lodge a police complaint, they have to issue a notice to you so in the mean time you have to apply for anticipatory bail and contest the case on merits.

3. It is better you have to send her parents house for your safety.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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you can consult a local lawyer and decide your course of action 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Instead of filing of desertion file a suit for restitution of conjugal rights.
 Inform the local police with all details. Be alert and if any FIR is registered don't waste time to apply for anticipatory bail.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
immediately file a judicial separation case against her before family court and try to get the judicial separation order.

or file a divorce case u/s 13(1)(ia) of Hindu Marriage Act-1955 along with an application u/s 14 of MHA for exceptional hardship case before family court.

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1. You may file for divorce if the differences cannot be reconciled. However, you cannot file for divorce before a year from the date of marriage.

2. Alternatively you may file a case for restitution of conjugal rights against her to show that you have not deserted her.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. Taking anti depressant drug is no ground for seeking divorce,

2. Collect all evidence of her such threats of committing suicide and acts of cruelty,

3. Lodge a police complaint under copy to S.P. Send the complaint letter by speed post and preserve the track record of delivery,

4.After that file a divorce suit on the ground of cruelty.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. How is the ground of desertion comes here?

2. Has she deserted you?

3. If not then desertion ground can not be shown in your divorce petition
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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Since your marriage is not going on well as well as her nature and behavior is becoming aggressive and danger every day, besides the complaint with the police about suicide tendency, you may file a petition under section 10 of Hindu Marriage Act seeking judicial separation and live separately away from her. This step my help you tide over the present crisis, further the loneliness may bring some change in her. 
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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Here the scope of desertion is legally unsustainable in your case .Only after one year of completion of your marriage you can file the suit against wife under family law even other wise you have to prove your marriage  is null and void.
You can also use the complaint to sp as evidence for getting a divorce under cruelty in future. Consult a marriage counselor or Psychologist for saving the married life by way of changing the Egos of wife. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

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