How to divorce a man who continually threatens to burn himself to death? Am located in Mumbai..can any lawyer give detailed steps? Under which section can the wife seek divorce?
tearer99@gmail.com (tearer99@gmail.com) 16 May 2011
How to divorce a man who continually threatens to burn himself to death? Am located in Mumbai..can any lawyer give detailed steps? Under which section can the wife seek divorce?
adv. rajeev ( rajoo ) (practicing advocate) 16 May 2011
What is the reason for that, why he is saying like that? Only on that ground you cannot get divorce. It does not amounts to mental cruelty
tearer99@gmail.com (tearer99@gmail.com) 16 May 2011
wife asking for divorce. he threatens he will self immollate, self burn. as u commented, respected sir, the wife cannot be granted divorce on this basis, but cant this be deduced to be an imbalace in the mental state of the husband and thus gaining divorce on this account?? advice will be appreciated.
Tajobsindia (Senior Partner ) 16 May 2011
@ Author
1. Grounds are not sufficient as it can always be rebutted (denied) once case on floor of the Court.
2. However, advantage of such suit is counseling which the husband badly needs and your marital problem may get solved .
Reasoning:
Worth a try to institute a suit I will say as if wife asks him for counseling he is bound to refuse but in the framework of procedures of Family Court he is bound to be referred for counseling, where trained counselors may reason him to see sense of the situation and thus a marriage may get saved.
Arup (UNEMPLOYED) 16 May 2011
....... the wife cannot be granted divorce on this basis .......
--- WHO SAYS YOU?
THREATNING TO COMMIT SUCIDE IS A MENTAL CRUELTY.
IT IS A GROUND FOR DIVORCE.
Arup (UNEMPLOYED) 16 May 2011
Under which section can the wife seek divorce?
--- IF THE MARRIAGE SOLEMNIZED UNDER THE HINDU RITUALS THEN IT WILL BE U/S 13 OF HMA.
13. Divorce. (1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty;
IF IN SPECIAL MARRIAGE ACT, SEC WILL BE DIFFRENT.
KUMAR GAURAV (STUDENT) 16 May 2011
this act of the husband amounts to domestic violence under the verbal and emotional violence against her under The Protection Of Women From Domestic Violence Act, 2005. she can sought relief under this Act. She should complain to nearer Protection Officer, and further complaint can be made to the Magistrate, and this act of the husband amounts to cruelty punishable under 498A IPC,1860.
KUMAR GAURAV (STUDENT) 16 May 2011
And further adding to it, it is a kind mental harrasment, which is sufficient ground for Divorce
tearer99@gmail.com (tearer99@gmail.com) 16 May 2011
wife wants divorce as hubby uses threatning/abusive language every time.
and her mother in law is causing trouble/
husband cut his wrists and proved his motive. now, divorce is pending in court due to new seperation rule.
husband is also not agreeing to sign the documents.
what can be done?
Thank you all legal experts who have helped me so far. if this question can be also answered i will be greatful