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Partha sarthi BHATTACHARYA (TEACHER)     24 June 2016

Divorce from mentally unstable wife

1 I am a 36 years old man married in dec 2007 we both are govt servant

2 after marriage came to know that we both are very different in nature I am very calm and composed and positeve she is is impatient restless and negative thoughts with suicidal tendancies

3 we have 2 children both are girls and both are MENTALLY RETARDED and if we plan more child the probability of being that child mentally retarded is very high

4 IN last 7 YEARS she has given me threats that she will commit suicide at least 30-40 times and once she attempted too. its kinda MENTAL TORTURE for me .

5 I have always been very nice and caring for her, never demanded any dowry and also shown her to psychiatrist . I hoped the situation would get better but nothing worked. now I am thinking that I should get out of it and should live a quality life. as I have given almost everything a good husband can give his wife and she has given nothing still she is the one who always complains.

NOW MY QUESTION is

        1) Can I file a divorce case if yes, on which ground?

         2) If she commits suicide after I tell her or file a divorce case, shall I be held responsible? can I be arrested under dowry law sec 498 ?

        3) what should I do to save my skin as I know she has suicidal tendancies can something be legally done as precaution

I'll be grateful if I get a reply

parthorbhattacharya@gmail.com



Learning

 9 Replies

Khush   24 June 2016

well you can file divorce on groud of cruelty only if u can prove it in court.

i suggest you to collect proofs first, you can record all your conversations with her, record all your sms/whatsapp chats with her in which she is threatening u.

u can use spy cams too. 

brother remember u need to give proof to court that she is giving suicide threats to u, otherwise the case without proof can backfire.

 

Kumar Doab (FIN)     24 June 2016

Mentally unsound, suicidal tendencies etc a qualified Psychiatrist can examine and declare.

Cruelty; Build irrefutable evidence.

 

JustAdvisor (IT)     24 June 2016

has she ever received a reprimand in her job due to unsoundness of mind? or is she sane in office and suicidal with you? if it is second i would suggest sort this out with your wife else it may backfire.

Born Fighter (xxx)     24 June 2016

1) Giving threats of suicide to husband is a solid ground for Cruelty.............there are judgements available online ..

2) your marriage has completed 7yrs so dont worry, if wife dies before 7yrs of marriage (suicide)  then husband and inlaws can be hold responsible for her death...........its her choice  if she wishes to end her life.......

3) Keep her medical records intact and easily available with you. Gather as much evidence as possible on her suicidal threats. File an NC in nearest police station informing about ur wife's erratic behaviour and suicidal threats, do write to her parents about her behaviour and ask for help...............these things will help you in ur case

 

My question to you now is will you keep the daughters or want to leave them also as they are "mentally retarded" as u say  ??????

Partha sarthi BHATTACHARYA (TEACHER)     24 June 2016

Thanks All specially @ Born Fighter.

older daughter who is almost 8 years old will surely stay with me as she is fully attached and dependant on me, and I can keep the younger daughter also if she wishes, otherwise she can take her with her.

my wife's parents are already passed away. An alleged brother of hers is there whom I contacted before some days and he also speaks in my favor.

Born Fighter (xxx)     25 June 2016

Partha, Its more important for you to think for best welfare of your kids than divorcing your wife.

 

May i suggest you to use a better word than "mentally retarded" for your daughters.......like "intellectually disabled".  You may blame your wife for your daughters psychological condition but you are equally responsible for getting them into this world !

 

Dont take custody of your daughter(s) just bcos you want to appear fair in eyes of society. Raising kids without mother and after knowing mental state of your daughters it will be a very challenging task to raise the child.

All the Best !!

 

JustAdvisor (IT)     25 June 2016

why is "both are girls" and "MENTALLY RETARDED" highlighted?

A walk alone (-)     25 June 2016

First make a audio or video recording when ur wife threads you of committing suicide. File an NC in nearest police station informing about ur wife's erratic behaviour and suicidal threats. It will help you if she commit any suicidal attempt. File divorce on cruelty ground. You can also use this audio or video as in evidence in your divorce case.

A walk alone (-)     25 June 2016

First make a audio or video recording when ur wife threads you of committing suicide. File an NC in nearest police station informing about ur wife's erratic behaviour and suicidal threats. It will help you if she commit any suicidal attempt. File divorce on cruelty ground. You can also use this audio or video as in evidence in your divorce case.

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