Divorce
3 years ago
These questions are regarding my friend who needs legal advice.
He is married since 12 years however as his relation is not going well with his wife thoughout these many years, he has asked for mutual divorce from his wife recently. Wife doesn't want to divorce him and is giving him suicide threats and saying if he leaves her through divorce, she will commit suicide so that he will be put in jail and he gets the punishment from law.
I also know that my friend has a girl friend too whom he wants to marry after his divorce. They haven't made any sexual relation yet as my friend is not divorced yet however they are always in touch with eachother through watsapp messages where they might have shared their private or intimate feelings for eachother but as I said earlier , they haven't made any real sexual relationship with eachother yet.
So my questions are -
1. If the wife of my friend actually takes such step of comiting suicide as she is threatning my friend everytime whenever he is asking for divorce, will my friend be charged with legal punishable case ?
2. As I mentioned he has a relation outside his marriage and they exchange personal intimate feelings with eachother however they haven't done any real physical relation with eachother neither his wife knows about the other girl in his life...his wife is just threatning him of suicide because wife doesn't want divorce , so my question is if the wife really commits suicide, can wife's family charges him or put allegations against him that he has provoked his wife to commit suicide if through police investigation his outside relation comes in light even though he has not made any sexual relation with his girl friend neither he has not provoked his wife and he has just asked for divorce from her and has agreed to give her alimony too.
3. How to deal with this suicide threats and how to deal with these false allegations of provoke incase the wife commits suicide.
4. When my friend is asking for divorce and his wife doesn't know about his outside relation and my friend is not having sex also with his girl friend, can he be charged with criminal offence of provocation if his wife commits suicide?
1. The wife can file a case, but your friend can prove his innocence. e can also seek divorce from her on the ground of her being of unsound mind.
2. Your friend and his wife can go in for mediation or conciliation to help them better understand their differences. The wife might be more inclined to go for a mutual consent divorce afterwards.
3. Making false claims is punishable under Section 209 IPC.
4. He can be charged depending on how much his wife knew about the girlfriend.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
1. The wife can file a case, but your friend can prove his innocence. e can also seek divorce from her on the ground of her being of unsound mind.
2. Your friend and his wife can go in for mediation or conciliation to help them better understand their differences. The wife might be more inclined to go for a mutual consent divorce afterwards.
3. Making false claims is punishable under Section 209 IPC.
4. He can be charged depending on how much his wife knew about the girlfriend.
If you found this helpful, please rate us.
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