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Family of wife giving threat of suicide

(Querist) 07 July 2015 This query is : Resolved 
Hallo sir/madam,
I and my wife are living apart from each other since 3 years.We have a daughter 4 years old. Its late but i thought its not too late to ask about divorce. We donot have any contact history in these three years except sometimes in court. As I have already taken decision of leaving wife even before honourable judge and I have sent a divorce petition to her now her family is threatning us about suicide attempt before my home.
My questions are
1.Is this possible to her.
2.if she does so what are the actions may taken by police
and most important is
What precaution should I take to prevent myself with my family as no one is included in this already.
PLZ GIVE ME REPLY....
sachin
P. Venu Online (Expert) 07 July 2015
To be on the safe side, make a record of the threat by lodging an FIR and also taking action for divorce.
Rajendra K Goyal (Expert) 07 July 2015
May be only a threat to pressurize. You can bring the fact of threat on record.
sachin (Querist) 07 July 2015
thanks a lot for all valuable advices.
sachin (Querist) 07 July 2015
Sir I have one more query about compansation.
Sir my monthly income is about 11,500.
I donot belong to any property except this.
So sir how much compansation will I have to give per month.
SAINATH DEVALLA (Expert) 13 July 2015
GO THROUGH THIS ARTICLE:


Repeated suicide threats ground for divorce: HC
Shibu Thomas, TNN | Jan 31, 2015, 01.57AM IST
MUMBAI: The Bombay high court upheld the divorce for a Nagpur-based doctor after ruling that repeated threats to commit suicide by his wife—also a doctor—amounted to cruelty and was a ground for divorce.

"If repeated threats are given by the wife and if the preparations for suicide are made, though having no intention to commit, but with an intention to create a pressure or with a view to gain the expected result from the husband, then it amounts to cruelty. Such repeated utterance of committing suicide is a scarecrow to the husband," said a division bench of justice BR Gavai and justice Mridula Bhatkar. "If such threats of suicide are given by either of the spouses to the other party then it is definitely shocking and it shatters the basic foundation of trust between two human beings."

The judges said that for a couple who are educated, such threats may lead to the husband fearing that he may be booked under laws relating to dowry harassment. "The husband knows that if his wife commits suicide or attempts to commit suicide, then he will be definitely roped in the offences of Section 304B or 498A of the Indian Penal Code and then continues to live in a shadow of unspoken fear. A solitary instance can be considered as an outburst of the anger or frustration. However, if such threats are given intermittently, then the husband definitely suffers a psychological trauma of remaining under constant fear that his wife is likely to commit suicide if things go against her."

Both the laws are "protective in nature and take care of the life and interest of the women and newly wed brides against the ill-treatment and harassment at the hands of the husband and his family members". Section 498 punishes harassment or cruelty to the wife with a maximum jail term of three years. Under section 340 B, if a married woman dies within seven years of her marriage in suspicious circumstances and it is proved that she was subjected to harassment, then the husband and his relatives can be punished. They may face imprisonment from seven years to life.

Dr Rajesh Patil and Dr Seema Patil married in December 2006. The relationship soured almost immediately and the couple fight even on their honeymoon. On her return, she went back to her parents' place. Subsequently, she signed an undertaking to not behave erratically and returned to her matrimonial home. According to Rajesh, there were fights and Seema would threaten suicide. In March 2007, she tried to commit suicide, claimed Rajesh, and a police report was lodged. Seema then went to her parents' place and the couple has been staying separately since.

In his petition Rajesh claimed his wife had suicidal tendencies and referred to a past incident when she had tried to commit suicide at the age of 14 following a fight with her mother. The HC said the past incident had no bearing on the case, but suicide threats in the three months that the couple lived together weighed with the court. The judges upheld the 2011 family court order granting divorce on grounds of cruelty.




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