anononymus (Business) 28 June 2010

criminal action against mad spouse

My wife is showing some signs of mental disorders over the last one year. We have been married for five years. 1. she is either in the state of grandeur or depressed.2. She is not working but keeps plundering my hard earned money.3. she is shopaholic and buys very expensive items much beyond i can afford or even think..4. she demands the money on a gun point, if not given, threatens to leave me or commit suicide 4. She keeps harassing me all the time on very trivial domestic matters and calling the local police and complain against me. 5.Lalely she is threatening to commit suicide and poison my children.. 6.She has made my life a hell in my own house over the last one year.Is it possible to file a criminal suit against her threatening to kill my children and committing suicide in my house?. Which section of IPC can be invoked in this case. Any other appropriate action ? Kindly advice.

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adv. rajeev ( rajoo ) (practicing advocate) 29 June 2010

Before initiating criminal action against your wife, you informed her parents and elders of the society about her abnormal activities. Try to handle very carefully, if you filed criminal case against your wife and if she committed a sucicide by writing your name in suicide note then you will have to face unnecessary distrubances, police harrassment etc.,.

So take the decision carefully.

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Ananta Mitra (Legal adviser) 30 June 2010

A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a mark which is considered to be similar to another party's registered or unregistered trademarks, particularly where an action for trademark infringement based on a registered trade mark is unlikely to be successful (due to the differences between the registered trademark and the unregistered mark).

Passing off and the law of registered trademarks deal with overlapping factual situations, but deal with them in different ways. Passing off does not confer monopoly rights to any names, marks, get-up or other indicia. It does not recognize them as property in its own right.

Instead, the law of passing off is designed to prevent misrepresentation in the course of trade to the public, for example, that there is some sort of association between the business of defendant and that of the claimant. Another example of passing off is where the defendant does something so that the public is misled into thinking the activity is associated with the claimant, and as a result the claimant suffers some damage, under the law of passing off it may be possible for the claimant to initiate action against the defendant.

Dharmesh Manjeshwar (Advocate/Lawyer) 30 June 2010

Filing of a criminal complaint against ur wife is not the solution .......... on the contrary it may worsen the issue ...... as rightly advised you need to talk to the elders of her family and chalk out a plan to solve the matter ........ if nothing works then better to separate and live in peace ..........

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A VICTIM OF MRS HITLER (JUSTICE SEEKER) 02 July 2010

I had a similar problem ...either she lived n grandeur......or a depressed always threatentng to cut her wrists on petty matters...i tried to tell firt to her mother ...she was laughed ....then to her father ..he said oh she is a child....while i underwent a mental haraassment ..I DID NOT KNOW SEC 13 1- cruelty - for divorce --that time.....

after coming back frmo office ..i had to suffer this fear.....then i inovlved my elderly neighbours ..they tried to help me..but BEING WOMAN she took full advantage ,,,she cried .....showed her helplessness....threw tanturms...

my elderly neighbours were defeated.......STILL I CONTINUED TO TOLERATE HER TANTRUMS!!!..BECAUSE OF MY DAUGHTER...it incresed more and more.....she deserted me .....showed to her family that i had kicked her out....she took a job in another city and lived there left the child at some other city...I COULD HAVEf filed a RCR but did not...but changed my job to be with her....AND IT IS SHE WHO IS SAYING THAT SHE ALLOWED ME TO LIVE WITH HER......(under HMA it is the wife who has to go back to her 'mtarimonial home' that is the husbands home)...FINALLY SHE FILED A DV CASE AGAINTST ME ..BUT STILL HAD PHONE SEX WITH ME !!!!???

can anyone explain this ...PLS SEE YOU CANT DEAL WITH A....BIPOLAR PERSONALITY DISORDER SYNDROME..I HAVE LEARNT HARD WAY ...pls take a divorce imm.

A VICTIM OF MRS HITLER (JUSTICE SEEKER) 02 July 2010

adding more...she also STOLE RS 1 LAKH FRMO MY BANK A/c THROUGH A debit card....i had told her my passwd. as she was my wife...when i foudn out ..INSTEAD OF APOLOGISING SHE SAID ...." SO WHAT?" ..i told her family about it...one of her brothers rang me up and said .." to kya hua.....hum paise wapass de denge".

later she wrote a 4 page letter to my Chiarman and told him to throw me out of the job !!??

she goes to office even on sundays!.....talks on her mobile 3-4 hrs continuosly (office pays)...when my daughter says 'mummy u dont give me time..she thrashes her."

I EVEN TOLD HER OFFICE COLLEAGEUES..THEY SYMPATHISE WITH ME ...BUT TAKE A 'POOR LADY'S SIDE. i TALKED TO HER BOSS HE SAYS 'POOR LADY.'

STILL SHE IS GOIING AROUND SAYING SHE HAS DONE NOTHING.....SHE IS A POOR 'INDIAN AURAT'....AND ITS ALL THE FAULT OF MY HUSBAND

NO ONE WILL BEILIEVE YOU ..

THEY WILL ONLY BELIEVE A WOMAN!! COURT, POLICE, NEIGHBOURS, FREINDS, EVEN YR OWN MOHTER AND FATHER AND EVEN CHILDREN!!

SO MY FRIEND TAKE A DIVORCE IMM.