LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Fight Back (Analyst)     23 September 2014

Is threatening to commit suicide a ground for divorce?

Hi, I'm going through a divorce case and I have filed a divorce case based on the grounds of cruelty. My wife used to often file police complaints on me and my family members that too while she was staying at her parents home.

During evidence I have given several SMS printouts from my mobile where she used to threaten me of committing suicide and also some other messages where she would blame me as if anything happens to me you will be responsible.

So my question is if she has threatened me t commit suicide, is this a ground for divorce under cruelty? 



Learning

 2 Replies

sparrow (Apprentice)     23 September 2014

Definitely this can be a strong ground for divorce as constituent of mental cruelty and persistent torture. the police complaints could serve  as effective evidence. see Naveen Kohli v Neetu Kohli (2006 SC) for definition of mental cruelty and see Pankag Mahajan v dimple (2011 SC)  for suicide threat as ground for divorce .


judgement attached in this message

1 Like

Fight Back (Analyst)     23 September 2014

Thank you for the reply, I could not find the judgement attachment. can you please resend?

Also when you say the police complaints serve as evidence, does it mean the ones she filed before me filing for divorce. She has filed a total of 3 police complaints in 2 different police stations. And the last police complaint was registered as a FIR and charge sheeted u/s 498A etc. However, the last of the 3 complaints was filed after immediately me filing the case for divorce.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading