Hello everyone, This is a two part query 1) I've been married for past 5 years. Wife is an epileptic and I knew about her disease before marriage and still agreed to marry her. That is not a problem with me, i am and was fine with it, however; her behavior and attitude post marriage has caused me lots of mental trauma. She is extremely rude to my old parents and family members. Constantly mocks them for being poor farmers from backward caste (she is a bramhin and I am a Kshatriya). Doesn't let them visit my home. She forms good friendship with my colleagues' wives and then tell them false stories about how me and my family harass her. She does the same in her school (where she teaches K.G. kids) and with our neighbors as well. Whenever there is a fight, she calls friends and neighbors and creates a big tamasha. She even calls my manager and speaks ill about me. Not just this, she often gets extremely violent and thrashes my head or scratches my face with her nails. I purchased a flat worth 50 lac rupees last year . Her father gave 5 lac to me for the purchase and asked me to put my wife's name in the sale deed as well. I did so. is there a way undo this? NOTE- I have paid 22 lac cash from my personal pocket. Even After this, my wife began taunting me that I was able to purchase a flat because of her father. And because my parents did not contribute anything, she didn't allow my parents to visit me since I bought the flat. Last year, we had a fight over this issue so she created a big scene and left the house, but came back the very next day. She assured me that she will not quarrel anymore. But her assurance was short-lived. She quarreled again and again till I got fed up and took her to her city where a meeting was arranged between her parents and mine. It was mutually agreed on the 11th of January 2016, that she will live with her parents for three months. When I returned back, to my utter surprise, I saw that she had already come back. I told her that I cannot live with her and I'll find a separate house for myself. She created a hue and cry and has been threatening me with suicide since then. I am very scared as she constantly shows me a rope and says that if you leave me, I'll hang myself in this house. At one instance, she hid my passport, education and employment documents and was not willing to give it back. She did give it back eventually after a good quarrel. She even at times called up some of my friends and said them ill words (you are breaking my home and that sort of things). My friends have broken relationships with me because of her behavior. 2) I have spoken to a lawyer here but I am not too convinced with his ideas. He has suggestes me to write things in divorce application which are not true (at least the dates are not true). e.g she misbehaved with my friends who came to my birthday (this is not true). I am not willing to put such things, I am an honest guy. I also read somewhere to file an police NC (which I am fine with) for suicide threats. Can some suggest me the process to do it and content of it (if there is any format of it). Will police note down my NC if i go alone to police station (i am not a local here, I don't speak local language). I really need a divorce and to be honest I am very very pissed of with this entire nautaki of hers. I am frankly planning to leave all this (including taking a sabbatical form my job) and go to my hometown till all this entire thing is sorted. would it be okay if i do so? Thanks, A husband (will to be Ex-husband)
Hi, you can file a petition for divorce on the ground of mental cruelty, as far as law threatening to commit suicide is also amount to cruelty to husband so based on this ground only you can file a petition for divorce.
2. As far as flat is concerned it was registered in the both the name so both have equal right in the flat.
1) you should record all wife threats
2) install CCTV camera in the living from
Of your flat
3) you can use video and audio recordings in evidence to make our a case for divorce
4) go to local police station and lodge a written complaint about wife constant threats to commit suicide
5) the mistake you made was purchas flat in joint names . She will claim 50 per cent share in the flat
6) it appears your wife is suffering from some mental illness . Consult a psychiatrist
7) constant threats to commit suicide ., abusing your parents , defaming yiu and maligning your reputation amount to mental cruelty
1. Honest does not pay in the court in matrimonial proceedings, a fact you will realize once the dispute goes to the court. So better heed the advise of your lawyer. It is not lying what your lawyer told you to do, it is called moulding the truth.
2. You are free to file a police complaint against your wife for threatening to commit suicide. One who threatens to end his life and implicate someone for it, is liable to be prosecuted for putting a person in fear of a false prosecution. Get the complaint drafted by a lawyer.
1. Collect evidence of all her such cruel activities including threats given to you,
2. After that lodge a police complaint against her such cruel activities,
3. File a divorce suit on the ground of cruelty submitting the evidence collected by you in support of your allegation.
First try to collect all evidences against her for e.g. record her statements when she is threatening for divorce, take a video recording when she is holding the rope or does any such wierd acts. Thereafter lodge a police complaint mentioning her threats and unreasonable behaviours.
Try to send her to her parent's house under some pretext and then file for divorce. Do not allow her to enter your house.
Regds,
Adv. Payal
Her father gave 5 lac to me for the purchase and asked me to put my wife's name in the sale deed as well. I did so. is there a way undo this? N
The property has been registered on her, whether you paid part amount or full amount, since the property is brought on her name by a registered sale deed, it becomes her own and absolute property, you cannot revoked the sale deed.
She created a hue and cry and has been threatening me with suicide since then. I am very scared as she constantly shows me a rope and says that if you leave me, I'll hang myself in this house.
This is the weapon the women use against men apart from filing false dowry harassment and DV cases. This situation should not be allowed to continue, because on one such eccentric situation she will really dare to commit suicide and the entire blame shall fall on you, therefore you create a record and evidence to display her threatening nature by first writing to her parents under a registered post narrating the details of her behavior and nature ever since the marriage and her continuation despite many compromise settlement and amicable situations. A copy of this letter along with another complaint shall be lodge with local police for registering a NCR.
after this you may decide to leave the house and inform her parents that you have decided to live separately from her, if they have any concern for their daughter, let them come and live with her or take her back home. All these are to be secured as evidence to confront future situations which may endanger your safety.
Can some suggest me the process to do it and content of it (if there is any format of it). Will police note down my NC if i go alone to police station (i am not a local here, I don't speak local language).
There is no specific format for this.You can write it down in plain English in a white paper, submit it to the police and may request them to register a NC.
After lodging this complaint, you may file a divorce case on the grounds of cruelty mentioning all the cruel incidences as pleadings and seek the relief of divorce on the said ground.
HER ACT CONSTITUTED AN ACT OF CRUELTY WHICH IS CALLED MATRIMONIAL CRUELTY. WHEN WIFE TAKES BENEFITS OF MATRIMONIAL RELATION TO CAUSE CRUELTY ON HUSBAND THROUGH BLACKMAIL SHE IS NOT ENTITLED TO MAINTENANCE ON DIVORCE.
FIRST YOU COLLECT ALL THE EVIDENCE AND DISCUSS WITH YOUR FRIENDS FOR APPEAR IN COURT AS YOUR WITNESS. FILE A DIVORCE PETITION WITH STATING HER ALL ACTIVITIES.
SOBHNA CHATTERJEE VS ASHISH CHATTERJEE AIR 2015 IT IS HELD BY THE CALCUTTA HIGH COURT THAT WHEN DIVORCE IS GRANTED DUE TO GUILT/ILL-TREATMENT OF WIFE SHE IS NOT ENTITLED FOR MAINTENANCE.
Hi, A very sincere thanks to all of you for your answers. I am facing a new problem. Since the day I returned from my hometown, there has been an immense change in my wife's behaviour. She has been immensely sweet and good-natured, doesn't pick up fights with me and says that she repents everything she did and now wants to perform penance. She said that she will agree to everything I say, will apologize to my parents as well as friends for her bad behaviour.... and all she wants in return is that I should stay with her. To be frank, her changed behaviour is scaring me. As I know her in and out, I am pretty convinced that there is something very fishy going on in her mind. I want to know.... 1. In what ways can she implicate/frame me by being so kind to my face? 2. How shall I collect the evidence when she doesn't quarrel with me at all? 3. If she commits/attempts to commit suicide while she is in the city and I am at my hometown, will I be held responsible? 4. Can I deny her entry into my house after I've filed the divorce? Waiting for the response of the esteemed experts. Regards
Hi, Try to solve the problem if she is ready to live with you then give her opportunity to correct herself.
2. Don't go for collecting evidence, it is a matrimonial case, tried to solve the matter amicably.
1)you cannot deny your wife entry to house after filing of divorce petition .
2) if wife attempts suicide and implicates you in suicide note police may file case against you for abetment of suicide
3) if wife does not quarrel with you enjoy the martial bliss while it lasts
4) if you are abusive towards your wife and she is on best behavior wife may record all your conversations
As you said the change in her behavior is scaring you, you have reasonable grounds to apprehend danger due to abrupt change in her behavior.
She might have some hidden plan or strategy to adopt such an behavior so that she will record the incidences of cruelty meted out to her even after a good show by her.
At the same time, you too pretend to be very good and affectionate with her without disclosing your intention to watch her and her activities, but keep a close surveillance on her and her activities so that you are not caught unaware on the sudden developments.
You do not withdraw your complaint against her for the threats she posed with suicide etc, this will help you to shield yourself in such an event that she attempts or commits suicide at her residence during your absence.
She is entitled to residential rights during the existence of your marriage, so mere filing divorce shall not forbid her from entering your home, do not do that mistake. This will be considered as another act of cruelty and domestic violence against her.
1. You do not what is in her mind and it is not possible to be known by anybody,
2. However, you can try to en-cash this situation in your favour by stipulating that your wife shall have to sell her share of the property by accepting Rs.5 Lakhs plus one year's interest thereupon. This way you will get back your property.
3. After that insist for an affidavit duly admitting what she has done so far and assuring its non-repetition. She should also clearly mention about her threat of committing suicide to blackmail you. Till she is divorced, she has the right to stay with her husband wherever her husband stays for which you can not stop her entering in to your house ,
4. Though the above affidavit is not full proof and can be contested, this is the best way to have some shield to protect you,
2. Best of luck.
Well she can unleash legal storm by filing complaints for domestic violence, causing hurt, dowry harassment and attempt to murder against you. As she does not fight anymore there is no evidence you can collect. You may be prosecuted for abetment to suicide if she ends her life, to preempt the adverse consequences of which you can file a police complaint now. You can under no circumstances deny her entry in your house unless the divorce is actually granted.
She can implicate you in various false cases like Domestic Violence, 498a cases etc.
Keep an eye on her activities what if she is finding some evidence against you. May be she has consulted some lawyer and that lawyer is advising her.
So that you dont be held responsible for her committing suicide I suggested you to lodge a police complaint against her about suicide threats. It will act as a sheild.
Yes after you have filed for divorce you can deny her entry and also file for injunction simultaneously so you will get an order.
Regds,
Adv. Payal