can i file a divorce case on ground of mental harassment
Amit Oza
(Querist) 19 January 2010
This query is : Resolved
hi, i am amit oza, there were dispute between me and my wife. we got married on april 2008,and there after things were normal till 4 monts,she used to creat a problem between me and my family,verbal agruments on petty issue.then she left the house and stayed there for 6 months,she even had filed a false N.C against me and my parents that we are forcing her to study and telling her to do job and get more salary.
in oct2009 she came back to home, and same things started again. she used to threatned my of commiting sucide and would frame us. once she even tried to cut her hand , but i resisted her forcefully and took the cutter ,and appied some medicine .and even file a N.C that she used to cut her hand.
there after second time she again told that this time i will not be able to save her. i found a sucide note in her bag mentioning names of my family members
as currently my case is transferred to mahila takrar kendra. even there i had notified the same to the mahila officer.
even she had taken all her ornaments at her home, these facts has been accepted in front of the mahila officer.
i am not able to work or live peacefully under this cicumtances.
can a file a divorce case under mental harasment , and can i bring a saty order that she cant enter the house , because she may harm herslf or me or my family after filing a divoce case .
Arvind Singh Chauhan
(Expert) 19 January 2010
Don't make haste. Discuss with your wife and, Try to draw out a solution amicably.
Jithendra.H.J
(Expert) 19 January 2010
You know! ur wife behavior is very common among the newly married girls/women, it takes time for them to adjust, and takes time for the husbands too,
ye thoh life hain, jeenay keliye adjust karna padtha hai.
u can file divorce petition on the ground of mental harassment but before that ask your heart whether you really want to snap the relation ship. going to court means you are going to loose lot of your valuable time(it may take years), money, and your mental peace and of your loved once.
Its better to make adjustment.
think twice
aman kumar
(Expert) 19 January 2010
you can file a divorce case under mental harasment , and bring a saty order that she cant enter the house , because she may harm herslf or you or your family after filing a divoce case .meet to ssp of your city !
Guest
(Expert) 19 January 2010
Cruelty whether mental or physical is a ground for divorce.Further visit www.airyourlegalqueries.com to seek more information on this issue
Guest
(Expert) 19 January 2010
Yes. You can file divorce petition and in your petiton, you clearly mention about the mental harassment due to threat of a suicide from wife. Once divorce proceedings start, conciliation efforts would be the first step. In those proceedings, you try to understand her psychological problems with clean heart. Why I am suggesting you to go for divorce petition in the first instance is to protect you and your family from police harassment if she really commits suicide. I am also suggesting your whole hearted participation in conciliation proceedings, because my intention is that if psychological disorders are there, they can be removed and you both can live happily. If she can't be cured, the best option is divorce and nothing else.
You cannot get stay order either in civil proceedings or by way of interim order in divorce suit. On the other hand, till the divorce case is culminated in your favour, she has got a right to live with you under Domestic violence Act.
