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You are here: Home » Threat of suicide can be ground for divorce under mental cruelty

Threat of suicide can be ground for divorce under mental cruelty

2 Jan 2010 By videv 5 Comments

http://timesofindia.indiatimes.com/india/Suicide-threats-amount-to-cruelty-can-be-a-divorce-ground-HC/articleshow/5404502.cms

MUMBAI: Repeated attempts to commit suicide as well the threats to commit suicide could amount to “cruelty”, and it can very well be a ground for seeking divorce, the Bombay High Court has held.

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The family court in Pune granted divorce to Varsha and Prakash (both names changed) on the application made by Prakash in 2002, against which Varsha had filed appeal.

Both had been living separately for the last seventeen years.

Prakash’s application for divorce was on the ground that his wife was temperamental, she frequently fought with him, and threatened to commit suicide.

In her statement before the family court, Varsha admitted that she had, in fact, attempted suicide twice. Once she tried to jump from a bridge, on another occasion she tried to drink an insecticide, but was saved both the times.

High Court held that family court was right in granting divorce to Prakash, “because the behaviour of the appellant in persistently threatening and attempting suicide would constitute mental cruelty in law”.

READ:  Husband gets divorce due to cruelty due to false allegations by wife

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Filed Under: Uncategorised Tagged With: Divorce, Family Law, HC Judgment

Comments

  1. Surjit says

    March 23, 2021 at 5:19 pm

    Sir, How can the above threat be proved? What kind of evidence is required for this (while we don’t have one, and we happen to experience it all by watching and nothing more)? The wife could deny this allegation in court. And honestly, when such threats are made, we don’t take a chance to guess it to be fake, at that point in time!! We rather get nervous and don’t even get an idea in making any evidential records. It’s only later we discover it was just a fake/drama to get her “demands” fulfilled. And these tantrums don’t stop there but keeps repeating now & then like different tricks in a circus. Meanwhile, this has caused mental trauma to us for lifelong by these “Notankis”!
    Now what kind of evidence is required in that case?

    Reply
    • videv says

      March 26, 2021 at 8:56 pm

      Many men are able to collect evidence… and if you are unable to collect any evidence even after lifelong of notankis, then you have to ask yourself why do you enjoy or tolerate living with the notankis.

      Reply
      • Surjit says

        March 27, 2021 at 1:53 pm

        Thank you Sir for your response, you have rightly said!
        Unfortunately, though I have been gathering/collecting evidence in many other instances, EXCEPT in situations like above, I wanted to know, how otherwise I could prove this, which I lack?

        >> then you have to ask yourself why do you enjoy or tolerate living with the notankis<<

        Yes sir, there was a time when a situation has arisen and gone beyond tolerance. Fortunately, she has also deserted me 3 years back (have evidence on this) and there is peace at home since then…Don't know how to go about this to end it…

        Reply
        • videv says

          March 27, 2021 at 2:07 pm

          If you don’t have particular evidence or have lost it, that’s the reality and just accept the fact. No one has proof of everything bad that happened in marriage. That doesn’t mean you can’t make such an allegation. One major exception I can think of is about adultery – where making allegation without having evidence can be deemed as cruelty on spouse. Threat of suicide is not in that category at all – also because usually there are evidences of other instances of abuse/cruelty by wife which can make it likely and fit into the overall picture.

          (No more replies will be given on this thread).

          Reply
          • Surjit says

            March 28, 2021 at 5:28 pm

            I understand and have learnt a lot through this website and built up my confidence level to handle the situations. Thanks a ton, Sir!!

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