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
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.
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
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.
The SC in Rajesh Sharma vs. State of U.P. has issued following directions to all courts in India among others..
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.
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.
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..
- 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.
Thank you everyone for your kind answers. I have some quick followup queries: 1. For alimony dispute do we have to appeal in high court or it can be done in family court itself? 2. If we appeal in high court for alimony dispute and file a mental torture case, do we need 2 lawyers or 1 lawyer can take care of all cases (conjugal rights, alimony and mental torture)? 3. If I transfer my case to a new lawyer can my current lawyer block transfer or damage my case? 4. Are there any disadvantages if the new lawyer is from a different city from the court case?
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
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.
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.
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.
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.