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Wife threatning of suicide, forcing to live separately with her


14-Mar-2023 (In Criminal Law)
My wife attempted suicide by consuming tablets. She tried earlier also and when . Resisted she is putting case on me, my parents under 498a for physical and mental harassment... 1- she is asking to leave my parents and stay with her in rented house or else take divorce and enjoy 498a case. 2- I want to know whether stopping someone from committing suicide is offence and she also used to abuse my parents and family members. 3- Is quarrel and fight between husband and wife comes under 498a as she repeatedly says abusive words for my parents and family members 4-After she left she called me said I have conducted mlc in my native place and you all will face legal case now. Please advice
Answers (3)

Answer #1
563 votes
NO, ABSOLUTELY NOT. PREVENTING A PERSON FROM COMMITTING SUICIDE IS NOT AN OFFENCE UNDER THE PROVISIONS OF INDIAN LAW.. YOU MAY APPROACH THE POLICE AUTHORITIES FOR REGISTRATION OF AN OFFENCE UNDER THE PROVISIONS OF SECTION 279, 323, 506 OF INDIAN PENAL CODE ON ACCOUNT OF THREATENING, ABUSING THE PARENTS OR ASSAULT AS THE CASE MAY BE.

Answer #2
880 votes
Better first you make a fir stating the issue stating in fir that she had already attempted for societ medical reports to clarify it .becose acoourding to indian constitution attempting is a crime .may be she can make case of prvoging for sucide case .better make distance from her then make fir these cases basically favour womens parts .your parents can also make fir for misbehaving with them in senior citizen act against her
Answer #3
513 votes
Sir,
1. Committing suicide is a crime. It is indeed your duty to prevent someone who is committing suicide in your presence. If your wife repeatedly tries/tried or threatens to commit suicide, it amounts to cruelty against you and is a ground for you to take divorce from her.
2. According to decision of Hon'ble Supreme Court in Narendra vs. K.Meena a wife cannot force her husband to leave his parents' home and live separately without any justifiable cause. In this case also you are entitled to take divorce from her on ground of cruelty.
3. Normal quarrels between husband and wife do not attract section 498A IPC. If the wife is subjected to any kind of cruelty (mental or physical) by husband or relatives of husband or if she is harassed for dowry, then only Section 498A of IPC will be attracted.
In most cases wives falsely implicate husband and his relatives under section 498A IPC, so now a days police first investigates the case by sending you a notice and further actions are taken only if the charges seem to be true. So you should not worry about any false police complaint by wife. You may also apply for "Anticipatory Bail" to sessions court orHigh court.
4. If she repeatedly says abusive words to you or your parents, this shall also be regarded as cruelty against you and you may take divorce.
However weather to take divorce or not depends upon the condition of relations between both of you and upon your own wish. If the matter can be resolved by reconciliation between you and your wife, that will be the best thing.
5. If MLC shows no injuries on her body you will face no problem. If MLC shows bodily injuries then you will have to fight the case.
6. I would further like to advice you to be calm, and if she returns there should not be any bodily assault on her from you or you relatives, even if she provokes. Do not even indulge in "hot talks" with her. Deal with her either by reconciliation or by other legal ways.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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