lucky12321 (Job) 08 January 2016

What are the safeguard husband should take from suicide thr

Hello Sirs,

I am in an abusive relationship since 2 years and now planning for divorce. i have evidence for a cruelty done by wife. Here my questions is what all safeguard should i take before filling for divorce as she is always threats me for suicide..i guess she is suffering from some personality disorder problems. if i file a police complaints against her for suicide threats is this enough if she does something crazy and left a suicide notes in which she blames me and my family members..i have already tell her parents & elder sis about her suicide tendency even i have phone recording in which my FIL& SIL saying ki tum chinta mat karo hum tumhare saath hai .. Please guide me what all evidence should i collect to safeguard my family and myself …

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10 Replies

saravanan s (legal advisor) 08 January 2016

file an nc in the police station about the attitude of your wife and about the suicide threats that she is issuing.that will help you

lucky12321 (Job) 08 January 2016

Thanks for your reply..

MY main concern here is if she does something crazy after receiving the divorce notice or in between the trial and left suicide note in which she blame my family and me in that scenario police complaint is enough.

after police complaint does police take any action seriously like call her to station./counselling etc that i have doubt..

SAINATH DEVALLA (LEGAL CONSULTANT) 08 January 2016

U have not mentioned the reasons for her behavior. Have u made any efforts for getting her treated by a psychiatrist? U are more bothered about her future acts.

NITIN PATIL 09 January 2016

If a marriage has taken place three years back in Mumbai & registered under the local act , can divorce be filed in India or under US state laws where the couple is presently residing ?

SAINATH DEVALLA (LEGAL CONSULTANT) 09 January 2016

Comming to a conclusion viewing one side of the coin will not suggest correct solution. Hence it is the duty of a querist to come out with true facts. It is easy to give individual suggestions ,but providing solution to the deflated marital life needs proper assessment of facts.

SAINATH DEVALLA (LEGAL CONSULTANT) 09 January 2016

Mr Nitin,if U feel that there is no scope for a reunion by either side better go for MCD in India.Only divorce granted in the form of Irretrievable Breakdown in US is recognized in India.

lucky12321 (Job) 10 February 2016

Hi friends,

As I already discussed with you all my wife is having some personality disorder problem confirmed by marriage counsellor.
She always give suicide threats use abusive language against me and my family,police threats ,false case threats etc. I am having recording for the same as you all are suggested don't initiate the divorce and keep.frustrating her..
My wife having 3 younger sister due to this she always said agar meri bhaane shaddi layaak na hoti tu will teach you and your family and na me tujhko kabhi divorce doongi....in that situation what should I do seniors pls help...
As some of you guys earlier suggested me for file complaint against her under section386 and 389 for safeguard against suicide threats.
Would like know does I file complaint against her under crpc39 to my locality magistrate...
As someone suggested me if I file complaint under crpc39 in that case she never knew about complaint is it true?

Seniors pls suggest what is the better approach ...

Regards,
Lucky

lucky12321 (Job) 10 February 2016

@Renuka Ji,

Pls suggest and advice what is the better option crpc39 or 386 &389...

also pls let me know after lodging a complaint under crpc39 to nearest magistrate does she know about the complaint?

regards,
lucky

b.goheel 24 August 2016

nice to read the suggestion given by author to others, author seemed to be well verse with integrity of law.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=138354&offset=1
Discussion > Family Law > Marriage > Wife attempted suicide, she is fine. help needed!

lucky12321 Posted about a month ago

What can happen to father and me in this sucide attempt complaint (FIR filed but no action taken till now)?

Draft a complaint from lawyer and lodge a complaint local police station.

2. Can I use this as mental cruelty proof and file divorce?

Yes but before that start collecting evidence as much as possible

3. I am already bankrupt by not being able to work because of all this. Somehow managing to pay EMIs, rent, expenses, etc. I've heard that after filing divorce one has to pay "maintenance" whether he is at fault or not. My wife is highly qualified and I am just a graduate but expert programmer. She is not working now. I earn by freelancing. Can I avoid maintenance or minimise it (I don't have a fixed earning or even a regular source)?

Yes you can avoid maintaince if she is more qualified start collecting her educational details certificate if she is working or worked prior to marriage then gather offer letter/salary slip etc. also try to gather IT return/form16 etc.

4. Our learned lawyer told that divorce notice can't be sent if wife is staying with husband. Is it true?

NO your lawyer is wrong.

Would suggest you before filling divorce please join SIF yahoo group and start attending weekly meeting at your place.

	lucky12321Posted about a month ago
	Yes agreed most of the suffering guys against initiating divorce procedure by guy but what i feel if you have enough eveidence and you make your mind then no use to waste your time may be your wife also want the same but she don't want to initiate by own becuase of her family respect and society blah blah....now her family and your lovely can easily blame to you and your family and show her as a "ABLA NARI" "PATI SAY SATAYI HUI NARI".. In meanwhile would suggest you start reading the law book and attending SIF meeting as well as try to collect evidence regarding her education/past exp. certificate/ITR etc. Regards, Lucky
	lucky12321Posted about a month ago
	One more thing pls keep all the call/video recording in original device and format never delete it.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=139036&offset=1
Discussion > Family Law > Marriage > 2016 - anticipatory bail in uttar pradesh for 498a?

	lucky12321 Posted about a month ago
	Aarav You can get stay of arrest easily from U.P Highcourt@allahbaad

https://www.lawyersclubindia.com/forum/details.asp?mod_id=139329&offset=1
Discussion > Family Law > Marriage > Family issue

	lucky12321 Posted about a month ago
	@Gaurav: Start collecting evidence against her ..records all phone calls and save in original media also install CCTV at home
	lucky12321Posted about a month ago
	Gaurav ist you have to decide weather u want to live with your wife or not. If Yes then accept her and enjoy your rest of life if you don't want to live with her then i would suggest you start collecting eveidence against her before file divorce also join SIF yahoo group as well as start attending SIF weekly meeting at your place. Don't worry nothing will happen just ignore her and take care of your mother. Regards, Lucky

Ajay (none) 24 August 2016

Apply for divorce in court without delay & mention all the reasons so that you have proper documentation, don't wait for her to file cases like 498a etc.

Just go and file the case tomorrow or the earlest so that if she files any case againt you or your family members you would have proof of her wrong doings and you reported 1st.