Legal Question in Criminal Law in India
my wife attempted suicide but survived & left a suicide note saying she is responsible for her death & nobody is to be blamed. She also mentioned that she thinks she is mentally ill. Now after 4 months she is blaming me & my parents for that suicide & threatening me of using 498A/ DV act against me. She stays with her uncles now & wants divorce but with huge amount as maintenance. I also want divorce but cant pay her that big amount. Please let me know if that suicide note will be of any use to me for defending myself. How important will be the suicide note from my point of view? �Thanks.
6 Answers from Attorneys
despite the fact that your wife had admitted committing suicide and did not blame anyone for the suicide in her suicide note, still as per law, she can trouble you by taking shelter under section 304-B of indian penal code. the law clearly says that in case a wife commits suicide within 7 years of marriage, the in laws can be booked u/s 304B. better negotiate and settle your matter as she has got much stronger case and am afraid, the courts may also refuse your bail even in case of 498a in case their lawyer stresses on her suicide.
the note can be of help to you but my advice will be settle the matter amicably.
The note will be a very strong defence in your favour to rebut the presumption against you. You have been rightly advised to negotiate an amicable settlement. However, you may have a good case to pursue.
the note certainly will be a very strong defence. Latches on her part in not filing the complaint at that time and filing it now after 4 ms will also go in your favour. where did she immediately go after her attempt? What had she been doing during this period will also be relevance?
Be as that it may, making a settlement, possibly through mediation & conciliation of the Mediation Centre of the district court of your district may work out better.
Suicide note would be in your favour. However, you also need to find out what transpired in the investigation of case registered against your wife for attempted suicide.
If you don't have financial means, you will required to fight the battle. Start preparing for the same right today in the right earnest with the help of competent professionals.
Rightly answered to settle.
Related Questions & Answers
-
If a criminal appeal case (final hearing) is dismissed for default and not by... Asked 8/08/09, 9:20 am in India Criminal Law
-
If a criminal appeal case (final hearing) is dismissed for default and not by... Asked 8/08/09, 3:10 am in India Criminal Law
-
Hi. We were issued a cheque by a propritership company on 16th July and this cheque... Asked 8/08/09, 2:46 am in India Criminal Law
-
Sir, one of my colleagues working in a central government department has been... Asked 8/08/09, 2:33 am in India Criminal Law
-
One has taken loan on 01.02.09 from me by giving a promissory note and Blank cheque... Asked 8/08/09, 1:03 am in India Criminal Law