Legal Question in Family Law in India
Criminal charges against me and my parents
My wife had a suicide attempt in 2002 after a fight with her own mother (I have no evidence of the fight). She has recovered fully since I took care of her after her hospital discharge. We are living separately since 2003.
If me or my parents had written abusive letters in anger like '' go commit suicide'' ( I don't remember the words) etc. and not intentionally prior to her suicide attempt, will the court send me and my parents to jail if she uses this as evidence if I file for divorce now?
Will the court quash criminal charges since she is well again and it is a long time since the suicide attempt if we ask for forgiveness from the court or will the court still send us to prison?
Will our passports be impounded during criminal trial or can I still work abroad?
If the court does not forgive us can I press criminal charges of attempted suicide against my wife and get her sent to prison too?
Ideally neither me nor my parents wish for criminal prosecution and just want to part amicably but my wife's party may have other ideas.
3 Answers from Attorneys
Re: Criminal charges against me and my parents
pl dont puff. i ll take ur questions one by one. suicide is an act of self destruction and since ur wife is still alive then pl dont panic that u and ur father ll be sent to jail. sending jail requires trial wherein u ll ve ample opportunity to defend ur case. there is nothing like directly sending to jail. u ve mentioned about letters but failed to mention their dates. ok, one thing i must tell u that letter and documents when produced before a court of law they are read as a whole. therefore pl dont worry that the court ll see only the offensive part in exclusion to the other lines. if ur wife has already instituted the criminal case against u and ur family then u must be on bail. u can seek permission from the court to leave the indian territory and the court may grant u permission subject, offcourse, to certain conditions. in my opinion u should think about reunion with ur wife if not impossible.
Re: Criminal charges against me and my parents
We have a simple way for you to get divorce. You will not be involved in any criminal charges etc nor your parents. plz provide your detail to know more.
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Re: Criminal charges against me and my parents
The future orders may not be predicted; however, the court has the power to revoke passport pending a criminal trial;
your application for cirminal action against your wife may not succeed;
You may make efforts for an amicable out of court settlement and bring the dispute / litigation to an end .
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