Legal Advice

Divorce on abnormal behaviour of my wife

Question: My wife’s abnormal behavior causes much trauma. I want divorce on the basis of abnormal behavior of my wife. Sometimes being good and sometimes threatening me by saying she will suicide.  She had suicide attempts twice. And discharged from hospital. Only message conversation proof is there. No real proof. My old parents should not come home. She will never talk with them. So they are not staying with me. If I ask this, she will do suicide attempt. I want to apply divorce. If I apply any chance  to win. How to proceed.  Pls help. I work in mysore.


Threatening and attempting to suicide constitute mental cruelty. Cruelty either mental or physical is a ground of divorce under section 13 of the Hindu Marriage Act. Threatenings injure the reputation of the husband and it is an offence of criminal intimidation. Husband can initiate criminal proceedings against the wife. 

So far as matrimonial obligation is concerned, the wife should perform her matrimonial duties and maintain the peace in the home. When she willfully creates violence through giving treats to commit suicide or attemptes suicide she does not deserve to live with her husband. 

Therefore, section 13 of the Hindu Marriage Act (HMA) enumerates cruelty as a ground of divorce. Husband can seek divorce on the ground of thretenings and attempting suicide. Exchange of messages are sufficient to prove guilt of your wife. If she admitted her attempt to suicide in those messages then you can use them as a piece of evidence. 

File a divorce case

You should file a civil suit under section 13 of the HMA for the divorce. Your had the intention to create a pressure upon you or any other ill motive therefore, she threatens to commit suicide. If she failed to achieve expected result then she attempted suicide. In both conditions she is guilty of cruelty. 

Her acts lead to the fear that you may be booked under dowry prohibition act, domestic violence act or any other criminal case e.g. 304-B/498-A IPC. This constant fear in your mind compels you to live in the shadow of psychological trauma or fear of false criminal cases. This fear constitutes cruelty hence, you can seek divorce. 

Your case is strong and you can easily get divorce. Her messages will prove her conduct of attempt to suicide. You can use it as her admission and it will be hard for her to deny those messages. Hence, those messages are sufficient to establish your case.

Shivendra Pratap Singh


High Court Lucknow