• Suicide by wife

Sir.... in my village near allahabad UP, recently a girl of around 25 years of age had poison due to some husband wife altercation. Immediately she was rushed to 3 different hospitals but she was declared dead. 
 Her husband was providing her support to become a teacher since she was good in studies but he was not. 
Now after ladies death her maternal parents have filed a case of dowry, murder against the boy. 
Police or hospital have not given any copy of FIR /Postmortem report. 
CAN HE BE SAVED
Asked 6 years ago in Family Law
Religion: Hindu

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15 Answers

See the case can be contested and he can try bail , see if there is any sucide note also the police will investigate and find reason of suicide. If there is no evidence against the husband he can be defendend onus is on prosecution.


Copy of report and FIR you will get from court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir in Uttar Pradesh there are many such cases 

But in recent judgement of Supreme Court it is held that marriage registration is needed in case there is allegations of dowry death. 

If there marriage was not registered then he can be saved 

Else if he tries to settle the matter outside the court since the court are Pro ladies 

 

And in such cases there are very much chances that judge on the statements of girls parents decide that he was murdered. 

 

However, he has to be true in court and if girls parents will be creating any stories then she will be caught. 

Secondly the medical report can save you if seen nicely by some good Advocate.. he will find out the way 

 

Or call me as required

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

Consult a local lawyer he/she can help you in this matter. Apply for regular bail and contest the matter on merit. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

A case of suicide under section 306 must have been registered against the husband. A writ petition for fir quashing should be filed immediately in the hc.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1) Police would issue notice to husband under section 41 A cr pc to record his statement 

 

2) husband should apply for and seek bail from trial court 

 

3) police would conduct investigations and file charge sheet or closure report

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

1. If the FIR has been lodged then he has to either seek the quashing of FIR by filing a petition to this effect in the High Court or face the trial in the trial court.

2. At trial he will get sufficient opportunity to prove his innocence. It all boils down to the evidence that is collected against him during the course of investigation.

3. Neither police nor hospital will give a copy of FIR/Postmortem to the accused. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The only way is to contest the case,

you are advised to engage a prudent lawyer and apply for anticipatory bail, If arrest has not been made,

If already arrested,  make efforts to get regular bail.

A detailed discussion maybe fructify for you.

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

1) One need to check if she has written any suicide note against her husband and his family members.

 

2) Husband can be saved need to check what issues has been raised by girl parents and all facts of the case than only can guide you accordingly.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Querist

if the suicide has been committed within 7 years of marriage than this will presumed as dowry death as per presumption of section 113B of Indian evidence Act and the case will be registered under section 304B/306 of IPC.

 

the documents regarding the study will be helpful for the boy. as per your information there is no dowry demand or any cruelty due to dowry demand so he will be acquittal for the offence of Dowry death. because for the dowry death the dowry demand soon before the death should be available. 

 

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Yes. But he needs to appoint a competent advocate. I'm prepared to take up this case. Contact [deleted]. ([deleted])

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

This Depends on circumstances under which she committed suicide. Was she subjected to domestic violence just before suicide.

Any suicide note etc. Copy of FIR is right of accused, he cannot be denied FIR and post mortem report you can get under RTI or from investigation officer. IF not provided, apply for certify of both from court.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

He first have to obtain bail from court but since there is no system of anticipatory bail in UP he may have to surrender before couirt and apply for regular bail and then contest the case ion merits and documentary evidences in  his possession and support.

 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

He needs to take an anticipatory bail first. Then he can face the trial

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

  1. Firstly, he should file a quashing petition of the FIR and request  the court to grant him protection.
  2. As on the basis of the compliant, he can be put behind the bars.
  3. Though at the end, prosecution will have to prove beyond reasonable doubt to prove him guilty.
  4. There must be some prior complaints to show that she had some pressure from the husband side, just become of altercation between them, would not make him accused for her death.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

dear sir

Yes he can be saved. If you have the proof that before her death your friend does not treated her with cruelty or make any demands for the dowry. Also try to find out the real reason behind her suicide which you can prove in the court.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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