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deepak2312 (partner)     18 April 2014

Sucidal tedency , divorce , alimony

dear sir,

    i am a male, was married on May 2013, since the day of marriage i have been troubled by my wife due to her abnormal behaviour .  First we were staying in a flat owned by my elder brother, mother and father, bhabhi and their two kids.

(1) Immediately after marriage  she started demanding to get a separate OWN house, else she said, she would not comeback from her mom's place.

(2) after returning, her behavior was not normal. She consumed some antibiotics to commit suicide, we took her to the hospital however, saved her. Case was dismissed by police on references and there she admitted that she could not judge what to do, thats why, she attempted suicide.

(3) Again after few days, she seemed to assume some other personality ( as if some spirit has come on her )  and started biting herself and hiting me, sat below the hot water tap in the bathroom, again the police came on some neighbors complaint of shouting noise. this was also however solved. when we approached the doctor, he advised medicine and some regular medical counselling. neither she took medicines on time neither went for counselling.

   i am a person with income around 20,000 per month, whereas my brother has good income, we live all along. now again she started fighting with family members and cursing them. i tried to save this relationship and took a separate house to live with her. but she was not satisfied. we came to know through some sources that she went to the police station also (with an intent to give some false complain) but did not log any complain. one thing to be noted is no one has tried to hit her or anything. she was provided all basic facilities at home. 

   after these things, and abnormal behaviours, i m not able to continue with this relation, and now she is at her mom's home, which is in other state more than 2000 kilometers away.

my questions are:

1. I want to take divorce and not sure if she will accept it or not. If not  on what grounds should i file a divorce,

2. As normally happens we fear that she may lodge  false complaints under dowry / DV Act against me or my family . What precaution we should take ?

3.. if their family demands high alimony, what safeguard do i have.

regards,



Learning

 6 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     18 April 2014

1. you have sufficient grounds for divorce....your lawyer may add many other things in this, medical certificate etc

2. You have to collect the Non cognizable reports from the police station, of all incidences, when police interfered as you mention.

3.You have to collect the info. about the earnings of your wife, her education, capacity to earn.

4. for false complaints, you have to face it legally...

1 Like

Shantanu Wavhal (Worker)     18 April 2014

its easy to fight such ppl. in court hall, for a few years ... rather than fighting in your own house, for the whole life.

Shantanu Wavhal (Worker)     18 April 2014

also u can file CrPC 107, 150, 151 against her.

deepak2312 (partner)     19 April 2014

Now she is at her parents place from 15th March 2014. Should I wait for some more time try for mutually agreed divorce or initial legal action. I don't wish to re-marry now.

Shantanu Wavhal (Worker)     19 April 2014

let her take initiative, whether to file & fight cases  / MCD.

T. Kalaiselvan, Advocate (Advocate)     20 April 2014

For the present it is advised that you stay away from her and wait and watch her developments.  If she initiates any legal action to break the marriage, it is better you submit to her prayer for decree of divorce but never admit her allegations.  This will be a persistent problem and there is no cure or remedy for her intentional behavior.  It is always better to terminate the marital relationship but you have to wait for at least one year to initiate the process, in the meantime you can collect all the evidences to strengthen your case.  Collect pre-marriage evidences about her medical history, if any. Do not call her back to the house, leave her alone at her parents house.


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