Legal Question in Criminal Law in India

Can I go to jail for cruelty charged by my wife?

My wife had a suicide attempt within one year of marriage. I took care of her and she has recovered completely. We are now separated for six years.

If I file for divorce now citing mental cruelty to me by wife for her unreasonable suicide attempt, can she counter the claim and send me and my parents to jail if she happens to prove mental cruelty from my side or will the court forgive me since she is alive and a long time has passed since the incident?


Asked on 7/16/09, 2:46 am

4 Answers from Attorneys
Pranav Desai PD Legal & Associates

Re: Can I go to jail for cruelty charged by my wife?

You may have to check the statements given by your wife for committing suicide. Further, since there is a long separation. Try to amicably settle the issue and get divorce by mutual consent.

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Answered on 7/18/09, 3:29 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Can I go to jail for cruelty charged by my wife?

Your ground of mental cruelty on account of suicide attempt may not hold sufficient for divorce.

As far action by wife, you need to check the records / statements recorded at the time of suicide attempt by your wife to assess options available to her.

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Answered on 7/16/09, 5:13 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Can I go to jail for cruelty charged by my wife?

Yes. In the facts and situation given by you, she may not be guilty; rather you may be guilty of 'cruelty' and may suffer criminal prosecution as also a possible jail term.

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Answered on 7/16/09, 6:58 am
KAMAL GROVER

Re: Can I go to jail for cruelty charged by my wife?

Dont adopt this method there is a very simple method to get the divorce.

Regards

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Answered on 7/16/09, 7:06 am


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