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ASY Films   16 December 2021

Wife is threatening for suicide

I want to file for section 10 as the situation is not all favourable in filling section 9 as she is threatening that she will commit suicide and can harm herself or other ,marriage has not been consummated due to her refusal ,want to file section 10 on basis of cruelty ....will filing section 10 will help me in any ways before i file for divorce i am



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 5 Replies

P. Venu (Advocate)     16 December 2021

Sections 9 and 10 - Which Act? Please post material facts. And matrimonial disputes are governed by the law under which the couple are married.

Aryan Raj   16 December 2021

In response to your query,

Before going to court, the first step should be to have a calm conversation and work together to solve the situation. If this remedy does not yield a solution, consider the alternatives.

Cruelty can take many forms, including physical and mental abuse. Mental cruelty can result in even more serious injury, as well as a realistic fear in the wounded spouse's mind that living with the other party will be detrimental or dangerous. Cruelty for the purposes of divorce is defined as behaviour by one spouse against the other that causes the latter to believe that continuing the marriage connection with the other is not safe.

Though the woman threatens to divorce on a regular basis, even if she has no intention of actually doing so, this is considered mental cruelty and is a solid reason for divorce.

Regards,

Aryan Raj 

 

ASY Films   16 December 2021

Thanks for the suggestion I would be filing for divorce on cruelty with non consummation of marriage as will full refusal also threats to commit suicide and even threatening me to put me in jail and have all the proof on chats just want to know are these ground good and strong enough to get divorce decree

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 December 2021

I always request people not to file any suits like Section 10, Section 9, Section 13 etc under Hindu Marriage Act (HMA). Reason is given below link in details - 
https://www.facebook.com/permalink.php?story_fbid=2966743543655058&id=100009583254195
If you have already filed under said sections then kindly withdraw it immediately.

Now, coming to the point. If she threats you then you should file two things together for you safety - 
Injunction from district court as your life in in danger u/s 144 of CrPC.
Anticipatory bail for unlimited period as you are threatening to be arrested u/s 438 of CrPC.

Thanks,
Rocky
https://www.facebook.com/RockySmith4Calcutta/

ASY Films   17 December 2021

No have not filled anything against her till now as will be filing for divorce after completion of 1 year just want to know that I would be filing for divorce on grounds of cruelty were she is threatening me that she will commit suicide several times and also marriage has not been consummated from the very first day and she is not even staying at her marital home for more then 5 months marraige took place 7 months back..just wanted to ask is my ground strong enough to get divorce decree


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