Adultery is no longer an offence
2) in her suicide note wife has not blamed her lover only confessed her guilt
3) there are no messages found on her mobile with her lover
4) no case for abetment of suicide is made out against her lover
Dear All, On June 16,2024 my wife committed suicide by hanging herself in her maternal home. Myself and my daughter were in our home in different city. Later in police investigation, it was found that she was having an affair with a Christian guy from 2.5 years and she was having active sexual life with him. I work in Merchant Navy and I came back to India this time on 02-May-2024 and I was completely unaware of her illegal relationship with that guy, since they cleverly used Instagram for communication in vanish mode. On 16-June-2024, his was last call to her and neighbours heard that she was shouting and crying while talking to him and committed suicide within 30 minutes after his call. But in her death note, she didn’t mention his name and she deleted all his Communications from her mobile. As per her phone CDR report, police investigated him and he is telling that ‘he told her that he will talk to her husband and parents for their marriage and she told not to talk. Thus fight broke between them and they broke up’. In her death note, she had written with full guilt of cheating me, her family and our daughter. Since, no proof of his blackmail or any wrongdoing, police closing the case. She has called him so many times, even in midnights when I was in work, and as per her friends it was mutual between them. How can I get him punished for his wrongdoing and his last call for blackmailing her for marriage which provoked her for suicide out of guilt?
Adultery is no longer an offence
2) in her suicide note wife has not blamed her lover only confessed her guilt
3) there are no messages found on her mobile with her lover
4) no case for abetment of suicide is made out against her lover
Hello,
Dear client,
Request the police to investigate further, focusing on the psychological and emotional abuse that may have led to her suicide. Although the death note did not name the Christian guy, the circumstances and the call records before her death can be critical pieces of evidence. If the police have closed the case without proper investigation, you can approach a higher authority within the police department or file a complaint before the judicial magistrate requesting further investigation. In some cases, bringing media attention to the case can help in getting the authorities to act more diligently. Engage a lawyer who specializes in criminal law to guide you through the legal procedures and help gather necessary evidence. Should you require any further clarification, please do not hesitate to contact us.
Further to above, her friends informed me that ‘he was pressurising her for marriage from March to June 2024 (till her death) and he was controlling her activities. example: she has to take his permission before going anywhere and she has to report him her daily routines everyday. This has caused mental trauma to her (as she had full freedom before) and her mind became very weak which led her to depression. And as per her post martum report, no marks on her body other than hanging mark. So, NO physical assault. It’s related only to psychological and emotional abuse leading her to depression state and in between all this during last 3 months before her death he used her physically many times, which he disclosed in front of police (with mutual consent, as per him). But suspect, he threatened her to leave/abandon/broke up with her if not getting physically intimate. Will this information and her friends statements as evidence help in getting him punished in court of law?
Obtain affidavit from friend regarding abuse from lover
then forward it to police to file case of abetmemt to suicide
1. Under the given circumstances, it is difficult to legally fix your late wife's paramour for her committing suicide.
2. It is established that she had consensual s*x with him and they had run an affair for last 2/5 years.
3. Asking for marriage after prolonged extra marital affair including physical relationship for which the matter is required to be disclosed to her husband and parents, may not be considered as blackmail.
4. However, to prove that he had blackmailed her, you shall have to establish that she wanted to come out of the relationship which he refused and stated that he will disclose the matter to you and her parents.
5. For the above purpose, the messages in her phone shall have to be retrieved with the help of experts.
6. You should try to pull string to ensure that Police takes steps to retrieve the deleted message from her phone to investigate about the fact.
1. Your late wife had ample opportunity to come out of his clutches by calling an end to the relationship which she did not do.
2. Her threat to break up if not favoured s*xuallly might not be considered as a crime since your wife had consensual relationship with him and it was not forced upon her.
3. However, you shall have to collect irrefutable evidence to establish that he had caused her suicide with his illegal act.
Having an illicit affair with your wife is not an offence committed by him.
He has not forced her and it was consensual between them.
She is to be blamed equally.
There is no evidence for blackmailing her neither she has made any such mention in her suicidal note.
This will not attract any offence against him for abetting suicide, hence the police have closed the case.
Her friends or the neighbors may come up with many stories now, if that was true and they were in the knowledge of she being pressurized by him as described by them,. nothing prevented them from informing you or her other close relatives neither they tried to control him or informing the police if at all they really had any care or affection towards her.
If you ask them to give their statement confirming their version before police, nobody will come forward and you will be totally devastated despite taking best efforts to bring on the criminal records for this.
You may better think many times before taking any steps to make a complaint before police in this connection because even the police will be reluctant to reopen the case in the absence of any proper evidence.
To prove abetment of suicide, it must be established that the accused had the intention to provoke, incite, or encourage the deceased to commit suicide. In this case, the emotional and psychological control, pressure for marriage, and the last phone call could be argued as contributing factors.
The key evidence would be the statements from her friends, the call records, and any other communication that could demonstrate his psychological pressure and control. The death note, while not naming him, can also be circumstantial evidence if it reflects the mental state induced by his actions. the psychological and emotional abuse could be considered as evidence of harassment under the law. The testimonies from her friends, if consistent and credible, can play a crucial role in establishing this. The burden of proof in criminal cases is high, and proving that the man’s actions directly led to the suicide may be challenging. The defense may argue that the relationship was consensual and that the woman’s mental state was not solely due to his actions. The man’s admission that they were physically intimate "with mutual consent" might complicate the case unless it can be demonstrated that the consent was obtained under duress or threat.
Your friend should consult a criminal lawyer who can advise on filing a case under Section 306 (abetment of suicide) or any other relevant sections of the IPC. The lawyer can help gather all the necessary evidence, including statements from her friends and call records, to build a strong case
Before punishing him you will have to lodge a complaint of abetment of suicide by him.
Once you do then the Police will cause necessary investigation for collection of evidence.
So first get a FIR registered against his name and then think of his punishment.
For a love affair he can’t be punished. He can be punished for cheering etc or rape if he has done forcible sexual assault