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I just married before 3 months and I found that my wife is mental patient. I took her to doctor and now she is under treatment as well as our careing is also with her. But always she is trying for suicide. If she does this then as per Indian Penal Code I will be arrested instantly. My question is "Can I make a FIR to local Police Station mentioning all this event?" Is there any option for non harrasment by the police?

2007-04-24 21:08:12 · 8 answers · asked by tornedo_cyclone 1 in Family & Relationships Marriage & Divorce

8 answers

I hope you are Hindu & married according to Hindu form of marriage. You marriage itself has been solemnized in contravention of section 5(ii) of the Hindu Marriage Act, 1955 which states (ii) at the time of the marriage, neither party,-
(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c) has been subject to recurrent attacks of insanity or epilepsy;
In your case your wife was suffering from mental disorder at the time of her marriage itself. Legally any contravention of this provision makes the marriage voidable under section 12 of the Act. What is a voidable marriage? Any marriage which took place between the parties in contravention of certain conditions necessary for a Hindu marriage will be either Void or voidable, a void marriage is that marriage which is absolutely illegal such as marriage between parties out of which one of the party has a living spouse, or the parties are related to each other by way of prohibited degree of relationship or are sapidas of each other, all such marriage will be absolutely illegal & void. But if there is contravention of any other condition (not the condition of age) for Hindu marriage as in your case then such marriage will not be considered illegal but will give you a right to get such a marriage annulled by a decree of annulment. In simple words you can say it is a degree less then a void marriage, where it is upto you to continue such a marriage or not. If you want to continue such a marriage no problem about its legality, but the right to get such a marriage annulled will always be with you. Now as far your presumption regarding her suicidal tendencies & you’re getting involved under section 305 of the Indian Penal Code which states Abetment of suicide of child or insane person
If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or [ imprisonment for life], or imprisonment for a term not exceeding ten years, and shall also be liable to fine.
Or section 306 of the Indian Penal code Abetment of suicide
If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
are concerned no doubt there is a lot of risk involved in such cases, hence it is suggested that you keep all her medical reports in your safe custody, secondly it is also suggested to get her treatment done under the supervision of a Government medical doctor & in a government hospital & she should not be discharged from the hospital till a final report of her condition regarding normalcy is obtained by you. You can always give a thought of getting you such a marriage annulled to be on safer side & to avoid any legal complications in future.

2007-04-24 22:05:03 · answer #1 · answered by vijay m Indian Lawyer 7 · 1 0

You have taken up a great responsibility not only to your wife but to your own life as well. The first thing you should do is to get a letter from her doctor/psychologist/psychiatrist stating her condition and the fact that she is suicidal. Then you have to consult the relevant authorities i.e. a court or your local welfare department. They should listen to your plight and advise you accordingly. You must, however realise that every suicide is investigated of any foul play and should there be any doubt about what transpired, it would be regarded as a murder case.
Be that as it may, start with your health practitioner, then the authorites. Since she is your wife, it is also your responsibiliy to make sure that she takes her treatment and the best way to monitor this is by administering it yourself. Discuss this with her and good luck.

2007-04-24 21:27:35 · answer #2 · answered by BSY 1 · 0 0

There is no option for protecting yourself against the law enforcement of Indians. Their powers are strong and overwhelming, and you won't be able to overpower them in any way.

Besides the great might of Indian tribes, it should also be noted that most mental illnesses are started AFTER the marriage begins. It is possible that you caused your wife's mental problems, and likely her suicide will be the only way she can escape from you and your daily tortures. (Such as leaving the toilet seat up, not brushing your teeth properly, or too much "alone time" in the restroom during critical moments of her libido.)

Indian Law is very clear in this respect: if she goes, you go. Therefore, you should not be seeking solace with the local law enforcement or American law enforcement agencies. Instead, you need to cope with the Injun Law - it is the only way.

One place I would like to direct you to at this time is the Injun Self Savior Program. They are based in Pawtuckett, Nebraska, but they have regional chapters across the United States. Their stated motto: "Save those who kill others." They can help people like you who drive your spouse(s) to mental illness.

Good luck.

2007-04-24 21:22:42 · answer #3 · answered by Snootch 2 · 0 0

U should consult a lawyer, counsellor or have a talk with her doctor as well.

2007-04-25 06:14:58 · answer #4 · answered by Anonymous · 0 0

You need to find out why she wants to kill herself.
You also need to get her to a mental health professional.
Good luck.

2007-04-24 21:27:01 · answer #5 · answered by eyes_of_iceblue 5 · 0 0

go and consult a lawyer.. also maintain certificates of treatment

2007-04-24 21:16:10 · answer #6 · answered by Anonymous · 0 0

What? If she kills herself you will be arrested? That doesn't even make sense.

2007-04-24 21:11:15 · answer #7 · answered by Anonymous · 0 0

yes immediately , please take care of her . You should take her to a quality doctor ,one more tip - had a medical certificate of her illness.

2007-04-24 21:12:46 · answer #8 · answered by Anonymous · 0 0

Run Forest, run.

2007-04-24 21:13:01 · answer #9 · answered by Anonymous · 0 1

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