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Arshi   24 May 2021

Daughter-in-law torturing in laws family.

Respected Members,

My Cousin got married last year. My uncle, aunt, my cousin sister, my cousin brother, and his wife all live together in one house. After my cousin got married to his wife within six months she started behaving aggressively. She is violent and whenever she wants everyone to listen to her she use violence on the whole family. My Cousin has after trying everything has finally decided to divorce her but the moment he talked about divorce she became very aggressive and cut her own hand and best herself and  said that she will file a domestic violence case against the whole family if he will divorce her. She keeps threatening everyone all the time and also beat them .

What can my cousin brother do in such a situation? He is totally hopeless. My aunt keep getting sick because of all this.

Can the law help them in any way?



Learning

 6 Replies

Sankaranarayanan (Advocate)     24 May 2021

it seems author's  own imagined story

M V Gupta (Advocate)     24 May 2021

From what you have stated it appears that the woman is suffering from some sort of mental disorder. Your cousin should discuss the problem with her parents and get her examined by a Psychiatrist. If it turns out tht she is having some mental problem then your cousin should get her treated so that she will become noraml. If she is found to be normal and does not have any mental problem, then she needs counselling by a professional Counseller. The question of divorce cannot be considered till then. 

 

P. Venu (Advocate)     24 May 2021

A good story. This platform is not meant for posting stories, but realtime legal issues.

Saura Patil   24 May 2021

Hello Arshi, 

I agree with whatever Mr. M. V. Gupta sir has said. 

But it should also be noted that if the wife is really of an unsound mind and is suffering from a mental disorder, it can be ground for divorce as per the provisions made under the Hindu Marriage Act, 1955. 

If the wife is not consenting to divorce, your cousin can file a petition in the respective family court with the help of a good lawyer. Your cousin can file for a decree of divorce on the following grounds: 

1. if one of the parties is treating the other with cruelty

2. if one of the parties is of unsound mind or has been suffering continuously from a mental disorder or

3. has converted to another religion. 

4. deserted the petitioner for a continuous period of two years. 

5. has had s*xual intercourse with someone else other than his or her spouse. 

However, it is recommended that instead of approaching the court, your brother should try for mediation and try for a peaceful settlement. But if things still remain unchanged, approaching the court might be a better course of action. 

Hope this helps!

Regards, 

Saura Patil

 

T. Kalaiselvan, Advocate (Advocate)     24 May 2021

This is not a strange incident or a remote incident.

Such incidents occur in many households, especially in the newly married couples where either of the spouse do not get adjusted with the other spouse for various reasons.

If one goes aggressive then the other spouse can seek remedy through legal sources 

In this case the marriage is hardly 6 months old, hence the husband cannot file a divorce case on the grounds of cruelty before completion of one year of marriage

In this situation he can drop his wife at her parents house and immediately file a petition for judicial separation for the reasons he may rely upon.

If she is having suicidal tendency and  constantly threatens him of the consequences then he can even lodge a NCR with the local police about this and seek protection in the event of any such incident in future. 

You can discuss with an experienced lawyer in the local and proceed as suggested. 

 

1 Like

sneha jaiswal   28 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
From what you have expressed apparently the lady is experiencing a type of mental disorder or having an unsound mind. Your cousin ought to talk about the issue with her parents and get her analysed by a Psychiatrist. If it turns to be that she is having some psychological issue, your cousin ought to get her treated so that, she will become normal again. But we cannot deny the fact that, according to the Hindu Marriage Act, if any of the spouses is unsound in mind, it can be the ground for seeking a divorce by another spouse. Your cousin can surely seek divorce by filing a petition in the respective Court of law. However, it is recommended that instead of approaching the Hon’ble Court, your cousin may try for mediation and have an amicable settlement. But if the situation arises for critical action, then surely, he can approach the court for a better course of action. 
Hope it helps
Regards,
Sneha Jaiswal
Law Student
 


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