randomethic (Professional) 26 March 2013

Abetment to suicide

Wife and Husband are separated for the last 2 years and wife has expressed to husband that she wants divorce under mutual consent, without troubling each other. Petition is not drafted yet and message was conveyed to husband over phone as text.

Husband is manipulative and abusive and wife just wants to get away from him. Anything can be expected from him to harass her and he has previous history of verbally, mentally and emotionally torturing the wife.

Now he is threatening that he will try and comit suicide and make her responsible for abetment.

Also, he is alleging that he will charge her parents with kidnapping the wife and keeping her at their house without his permission.

Wife has left on her own accord after repeated chances to him and is very sure she wants a divorce, she does not trust him, feel safe around him at all. What can she do to pre-empt and protect herself from these threats?

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Advocate Ravinder (Advocate/Attorney) 26 March 2013

Why you are worrying. It is that your husband should worry about it. The law is completely in favour of married woman. If you want to harass your husband, you can file cases under Sec. 498-A, D.V. Act, Dowry case etc apart from civil maintenance and maintenance under Sec. 125 of Cr.P.C. If you file the above cases he himself comes to understanding with you.

If he is not willing for mutual consent divorce. You can file divorce petition under the grounds of cruelty. If he was already married, please check up he really married or not. There should be some sort of evidence, marriage card, photos, ration card etc. Then you can also file bigamy case against him under IPC, the punishment is about 7 yrs.

He is just threatening you that he will commit suicide and file kidnapping case. Even though he commits suicide, it will not effect you. You can disprove the same in the court of law. Your lawyer will look after it. Be dare and should not loose your courage.