pkj (Sr System Engineer) 13 October 2014

Mentally Harassed

Hi, My wife and my relationship is not working since the very month of our marriage(Jan 2013)She is not willing to leave me,neither she wants to stay peacefully.Elders from both the families were involved but nothing happen,when i told her i will call your parents again her reply was (mera baap kya...mere baap ka baap bhi kuch nahi kar sakta)her parents are not taking her back.She is harrassing my parents in my absence to leave the home.I am the only income source at hime i dont have any brother or sister.she always scares me saying she will commit suicide. I consulted couple of lawyers and bit confused what actuon should i take.can you please suggest. Suggestion by x Lawyer. 1) Send your parents to home town 2) After a month or two file for divorce based on mental cruelty. Suggestion by Y Lawyers 1) File NC in police station first as she is harassing for commiting suicide. 2) File Judicial Sepration in court and after 6 months file Divorce. Can you please suggest what is NC and what would be the impact of it and should be my first step.

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Saurabh..V (Law Consultant) 13 October 2014

@Querist

Cases like these are indeed like glass - handle with due care.

I think it is imperative to first move out of your home and live separately. This way mental harrassment of your parents would be curtailed. Then if there is change in your wife's behaviour, take it in positive sense and over time, try to make her understand importance of elders/parents in the house.

If even then you wife doesnt stay calm, you should start collecting evidence of her cruelty by recording voice or video. Keep collecting such evidence for few months. There is no need to to go police for her threats of suicide. It wont help you anywhere. And then file for judicial separation.In your petition for judicial separation, you can mention the reason as mental cruelty and these threats.

Please understand, Judicial Separation is a lawfully binding order wherein you cannot cohabit with your wife and if she is notorious enough, she can even file for rape if you do ultimately succumb to physical urges.

Judicial Separation is a way to tell your spouse that you are fed-up but ready to give another chance to him/her. But a direct divorce petition is clearly claiming permanent separation and that might go against you.

All the best!

//peace

/Saurabh..V

pkj (Sr System Engineer) 13 October 2014

Thanks for your valuable suggestion Saurabh. We dont keep any physicall relationship since months because of such issues. My parents are in depression all the time.Last week only she was telling my mom that she will cut my family into 3 pieces.i tried a lot to save this relationship but she is very aggressive and we never know what she will do the very next moment.