• Wife suicidal but wont divorce. What to do as an NRI?

I had an arranged marriage in India about 2 years ago. Wife stayed with me for 4 months in US during which she showed suicidal tendencies like slitting her wrist, banging her head on walls, strip her clothes and run to balcony to jump off the building. She mistakenly admitted to some past trauma but declined sharing more details. Additionally she declined visiting a psychiatrist claiming I will declare her crazy for divorce. 

We had a verbal agreement to separate mutually and I offered to cover marriage expenses. She returned to India to her maternal home and sent a legal notice for a hefty sum of money in exchange of divorce. When I denied, last year she filed 2 cases for alimony and restitution of conjugal rights. Court recently granted a high interim alimony even though she is well educated and chooses to remain unemployed. Last month my family also got a call from police station regarding 498A against me and my family members. All cases are filed in her state and my family members or I myself cannot travel every month to present our case, and her lawyers are taking advantage of that.

Please share some advice over what I can do next.
Asked 3 years ago in Family Law
Religion: Hindu

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14 Answers

File for divorce on grounds of mental cruelty 

 

2) wife threatening to commit suicide amounts to mental cruelty and is ground for divorce 

 

3) apply for anticipatory bail from sessions court in 498 A case 

 

4) no need to bow down to pressure tactics 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

For, 498/A case you have no option you need to obtain Anticipatory bail.For maintenance, you can challenge the same in appeal. 

 

(2) For safer side you can file divorce in US Court.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

The SC in Rajesh Sharma vs. State of U.P. has issued  following directions to all courts in India among others..

  1. If a bail application is filed with at least one clear day’s notice to the Public Prosecutor/complainant, the same may be decided as far as possible on the same day. Recovery of disputed dowry items may not by itself be a ground for denial of bail if maintenance or other rights of wife/minor children can otherwise be protected. Needless to say that in dealing with bail matters, individual roles, prima facie truth of the allegations, requirement of further arrest/ custody and interest of justice must be carefully weighed;
  2. In respect of persons ordinarily residing out of India impounding of passports or issuance of Red Corner Notice should not be a routine;
  3. It will be open to the District Judge or a designated senior judicial officer nominated by the District Judge to club all connected cases between the parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted; and
  4. Personal appearance of all family members and particularly outstation members may not be required and the trial court ought to grant exemption from personal appearance or permit appearance by video conferencing without adversely affecting progress of the trial.

These directions are to be strictly followed by Courts. An anticipatory bail applications can be filed for you and family members. Such bail is granted readily by Court. You can also produce her medical records in Court in proof of her mental health. You can file an application to review the amount of alimony in Court. As strategy, do not oppose her RCR, it is going against her accusation in 498A as when there is  cruelty, why she is  seeking RCR. You need to contest all cases on merit.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

Dear Client,

You can file for Divorce on the ground that she was of unsound mind before the marriage and you were not informed about the same. Mental Disorder is the ground of divorce when a spouse suffers from an incurable mental disorder and the applicant is not willing to continue to be in the relationship any further. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Since she has filed the cases it becomes your duty to attend the case  if you have already obtained AB in the criminal case.

If you suspect the integrity of your advocate you can always change your advocate.

If you are confident that these cases are false then you can file a quash petition before high court to quash the criminal case..

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

- As per Supreme Court judgment, 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, threats to Commit Suicide Amounts to Cruelty and is also a ground for Divorce.

- Further, A well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

- Hence, you can challenge the said order of interim maintenance before the high court 

- If there is an FIR under section 498A , then you can take anticipatory bail from the session court 

- Further, you can also file a quash petition for cancelling the said FIR , specially against the family members. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

File a police complain about her suicidal tendency along with medical certificate

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Family court would decide alimony 

 

2) one lawyer can take care of all cases 

 

3) you need NOC of current lawyer 

 

4) if he refuses obtain court orders to permit you to engage lawyer 

 

5) don’t engage lawyer from another city .it increases your legal expenses 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

  1. Dispute of alimony is decided in family Court, only appeal  against decision of family Court is filed in High Court.
  2. One lawyer can take care of all cases.
  3. If fee is cleared he cannot block your case, there is no any possibility of causing damage to your case by previous lawyer.
  4. It is only a matter conveyance  from city to city otherwise any lawyer from any place can capably can plead any case.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

1. If the alimony case was decided by family court then you may have to prefer appeal before high court alone.

2. The appeal case is different  from the other cases you propose to file.

You can decide about engaging different lawyers for different cases or to continue all the cases with one and the same lawyer.

3. No.

4. No. 

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

1. Yes, a family court having its power to pass order on alimony in case of dispute , but not in mutual divorce 

2. If the order of the family court is not acceptable by you , then you can file appeal  before the high court. 

- Further, single lawyer can handle both cases in both the places. 

3. No, as per law, you have your right to replace the lawyer

4. Different city lawyer may be not familiar with the miscellaneous work for other city , however legally he can appear before the court.  

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Appeal in hc

2. One lawyer is enough

3 he can't damage

4.no idea

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

1. First advice is that you and your family members in India shall have to contest the cases filed by her fittingly by engaging a trustworthy and sincere lawyer.

 

2. No Court can force you to stay with her against your wish.

 

3. File an appeal against the said order passed by the Court awarding high alimony to her.

 

4. It appears that she has lodged a police complaint u/s498a of CPC for which your parents shall have to appear before the police to try to ensure that the said complaint is not registered as FIR.

 

5. If FIR has been registered, then all of you shall have to avail anticipatory bail and then contest the case fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You can file the Appeal before the Divisional Bench of District Court of the High Court.

 

2. All the cases can be attended or handled by one lawyer but it is advisable not to put all the eggs in one basket.

 

3. Ordinarily no. If he refuses to give NOC, you can issue him a letter seeking NOC and asking him not to attend your case any further.

 

4. If he is easily accessible while staying in other city and is a good lawyer, then he can be engaged.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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