Legal protection against threat of suicide
Hello Sirs, I am in an abusive relationship since more than 2 years and now planning for divorce. my bitter half every time give me the suicide threats for full fill her illogical Demands. I have all the call recordings, suicide notes written by her in anger. before filling the divorce would like to safeguard my family against her suicide threats. Can you please let me know the remedy against suicide threats apart from NC in local police Station as most of the lawyers told me if she does suicide then police will an arrest you immediately under IPC304b.some lawyer told me NC is useless can anyone please suggest me the best remedy against this suicide threats. Note: I belong from Delhi NCR.
File criminal complaint u/s 506 IPC against your spouse. During trial request expert opinion of a sychiatrist.
If the psychiatrist diagnoses your spouse as genuinely ill, then you can seek maintenance if your spouse is declared mentally ill under Mental Health Act, 1987.
Also your spouse may be directed by the court to be admitted to a recognised Mental Health facility.
Filling the divorce petition is concern, you can file it any point of time because now you have crossed the 1 year living period. In case, if your wife is living with her parental home then issue a legal notice at that address for divorce on the ground of cruelty. The gound of cruelty would also included the acts of abusing and threadeing the other half in the name of suicide. Recently Supreme Court of India held that the action of threadening other half in the name of suicide can be a ground for divorce. Issuing a legal notice would be helpful in future, in case that the unwanted incident happened in your life. Otherwise, if she is residing along with you in the same home, you can file a judicial seperation petition before the family court allegeing her cruel habits and can seek for judicial seperation life in the very same home. Choose either way it will helpful to you. lodging a police complaint would not help you if case such a incident taken place.
Your situation is a little precarious. It would be best to discuss your case and it will help us to understand your situation better.
Thanks and Regards
You are filed NC against some xyz ie.safe you, if occaring sucide.any investigating officer at the time of sucide arresting you.Your complaint NC safely help you while granting bail.
You can directly file for divorce under the ground of mental cruelty, S 13 of IPC, as you have already filed a police complaint.
The police can't take any action in pursuance to the complaint as your wife has not committed any crime yet. She has neither attempted to commit suicide nor has she coerced you into any act out of such threats. However, the complaint will serve as proof that you have taken essential steps against the threat and will act as a proof towards your innocence against S. 304 of IPC.
In the divorce proceedings you can submit the evidence gathered by you, which again can help you against S. 304 of IPC. You may also submit affidavits of your family members, substantiating the claim and in a way making them the witnesses. In this way you may protect them as well, against S. 304 of IPC.
You have very interesting question which is nowadays commonly find most young generation girls they misuse the law by giving the threat for suicide. First of all I must mention that these are the only threats to fullfil their desires but to safeguard you and your family please give a written application in nearby police station alongwith copies of suicide notes and call recording, which prove that she is giving you the threat of suicide to you and your family and criminal case can also be filed on the basis of these evidence and police can also take cognizance of the vital evidence and most importantly, that on the basis of these evidence you can also approach to the Court for divorce.
BEST OF LUCK LIVE LIFE PEACEFULLY
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