Sri (Software) 12 November 2013

Possibility of filing dowry case by BPD wife

My wife is suffering from BPD. she is threatening me that she will file 498a case in police against me and my family if i have file any leagal separation/divorce against her. Her father expired 2 yrs ago and during separation of property her brothers cheated her by giving a low value property telling that it will go for high value. With the help of people at registration office, they registered it for high value also (2 times the original value). She decided to sell that and now she came to know and she is fighting against me for what their brothers did. Ofcourse, she signed even without informing me. She is taking treatement for last 8-9 months also. Because of her extreme toture, she admitted in hospital and they confirmed that she ahve BPD and needs counselling. In the discharge summary, doctor has written as below

current issue: Z63.0 - problems related to primary support (spouse, mother and inlaws).

Lifetime : Emotionally unstable Personality Disorder.

Is there any possiblity of filing 4981 against me or my family based on this.

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4 Replies

cyberlawyer (barrister) 12 November 2013

Dont worry. Since she is certified to have BPD by a doctor, and the reason for these types of activities are due to such disorder, she cannot get any order even if she files these proceedings against you...

Get her treated by a good doctor

Good luck///

Mahindar (Tech Engineer) 12 November 2013

don't worry, as you will be you have the medical reports.

Javid Sir,

Please help me with this :- My wife wants to come to come back after making complaints in police and CAW. No FIR registered till now, as she asked the I/O not to take action now, as talks are on.

Now she wants to come back, and live seperately from parents. Also wants her money and belongings back.

What I want is written assurance from her, that she will not file such fake cases in future, and those filed earlier were fake. What's the most legally valid way to get her statement ?

Shall I ask her to give a notarized statement ? or a statement infront of magistrate ? she is only ready to write her statement on plain paper for now. I am afraid she is coming to implicate me further. Till now, we are safe as we are innocent, but 2morrow she will come and file all sorts of cases. What to do ?

T. Kalaiselvan, Advocate (Advocate) 12 November 2013

Mahinder,

First thing is that you should not worry about the tomorrow's problems today itself. If your wife really wants to join back the marital voyage with you, please accept her and of course as a safety measure (if you feel so unsecured), get an assurance from her in writing on a plain paper, which may be witnessed by the people of her side (may be her parents or brothers or sisters). In fact it will be very safe for you if she comes back to your house so that the withdrawal of all criminal cases against you can be facilitated expeditiously and that way you can sigh a relief and breath a free air. In the meantime if she demands her money and the articles held by you, if they are true, please give it back so that she can regain confidence in you and arrange for a separate house for you both to live together once she is back into the matrimonial fold. Thus, most of the problems have solutions hidden in our own selves which we refuse to accept or to allow it to happen.