About 304b and 498a
Rajkumar
(Querist) 16 April 2015
This query is : Resolved
1. After my marriage she lives in her parents’ house Arani (Tamilnadu) since she interested to study in teacher training.
2. She never came to my parents living house and myself i am working in Chennai.
3. After my girl baby porn also she never come to my house even she not interested to come to live with me in Chennai also.
4. Finally we sent advocate notice to her for come to my parents’ house to stay some time.
5. She never agree to that.
6. Meanwhile they used their power and they involved all women police to put 498a case.
7. To avoid that i fill AB in high court and court will send for mediation, after mediation failed and we got AB and we completed the AB process.
8. After i have applied for divorce in my nearest court in Chennai.
9. After she made suicide in her home by hanging in cable wire.
10. They family fill the case for my whole family in 304b case.
Because of that we went up to suicide level. i never lived with her even continuously 10 days also.
And she never come to my parents’ house also even single day.
We have exchange of advocate notice and meditation disposal copy.
But police never investigated or don't ask any single question also with us,me my mother and father was in prison 23 days. After we got condition bail. Now the case is pending.
So please guide me how i will prove my innocent and how I will secure my family.
SAINATH DEVALLA
(Expert) 17 April 2015
I am surprised to know why did the marriage take place and why the difference of opinions immediately.At the outset instead of mediation in the beginning U have done a wrong thing by sending a legal notice to UR wife. Both of U are responsible for this entire episode and ultimately U and UR family are in trouble.
What made her to commit suicide? U are comming out with only UR version, but there is something else on the other side.
Legal remedy for U at this stage is bleak and all of U have to fight the cases with merits from UR side.
SAINATH DEVALLA
(Expert) 17 April 2015
Section 304 B is not a section to be ignored, it has got all the ingredients, to land U behind bars at least for a period of 7 yrs,unless proved innocent to the crime.
Rajkumar
(Querist) 17 April 2015
Thanks Sinath Devalla for your reply.
She never interested to live with me and she ask me to join with her house this is the main reason to sent the legal notice. My family members never spoke to her after my marriage. Since she living with her house.
i sent the legal notice on 11-6-2012 from the date me and my family members don't have any contact with her and her family.
After i am submitted the divorce case on may 6th 2013.
I don't know what is the main reason to her commit suicide. we never asked anything since i have one younger sister to, also am earning good salary from IT department. So kindly give ur contact or mail id i will sent all the documents.
Guest
(Expert) 17 April 2015
Mr. Raj Kumar,
When people thoughtlessly send legal notice to the most closed real bosom relative by thinking the other person merely as a third party and mistake that only the legal notice is the panacea of all ills between the husband and wife, they suffer like you and also make the whole family suffer alike.
When wife hangs herself even in her parental home that means she was totally frustrated from both the side of the husband/ his family, as well as from the side of her own kith & kin in her parental house also. When you and your family members never spoke to her after your marriage and you never asked anything, except sending adversely affecting legal notice, what else can be the reason for pushing her towards suicide, as she lost her trust towards and hopes from her husband to reach her and try to know the background of her dilema and she can never live for long with her parents/ kins after marriage.
In such cases, nothing more can be expected, except the damaging results.
So now, you will have to struggle very hard to save yourself in defending the case of sec. 304B.
You may send complete case history/ documents to Shri Sainath Devalla without hiding any fact, if you really want some valuable advice. Just try to understand, the whole of your career is at stake. Future of your unmarried sister can also be in dark when you/ your family get an undelible serious blot in life.
Dr J C Vashista
(Expert) 18 April 2015
I fully agree with expert advise of Sh. PS Dhingra.
Biswanath Roy
(Expert) 21 April 2015
Has she left any suicide note? If so can you disclose its contents.
Rajkumar
(Querist) 22 April 2015
Thanks Biswanath Roy Sir. She didn't left any suicide note. But after one year her father filed Guardian opinion case to me, in that they said some diary is there its says about me. Sir please give your contact deatils to discuss more.
Rajkumar
(Querist) 22 April 2015
Thanks Biswanath Roy Sir. She didn't left any suicide note. But after one year her father filed Guardian opinion case to me, in that they said some diary is there its says about me. Sir please give your contact deatils to discuss more.
Biswanath Roy
(Expert) 22 April 2015
MY E-mail ID is bnroy.advocate@gmail.com
Mobile - 9836858000
T. Kalaiselvan, Advocate
(Expert) 25 April 2015
Since you have sent legal notice and have filed divorce case well before the suicide took place, you have good grounds to defend, be in touch with your lawyer regularly.
Biswanath Roy
(Expert) 25 April 2015
Sec.304-B IPC applies in case of Dowry death of a married woman where she was subjected to cruelty or harassment for; or in connection with any demand for dowry by her husband or any of his relatives. In the subject case wife filed an F.I.R. against her husband and his family members for cruelty and harassment caused due to non compliance of dowry demand by the wife. The plea that husband filed a Divorce case against the wife earlier before unnatural death of the wife cannot be a good ground for defense rather it will be treated as an illogical attempt to avoid rigor of law in the eyes of Judiciary.
In all dowry death cases, the standard of appreciation of evidence has to be in the light of the provisions contained in Section 113-A Evidence Act This case is not so easy one.
T. Kalaiselvan, Advocate
(Expert) 25 April 2015
Respected Roy Sir, my opinion to the author was based on his narration about his background details, I know that law will take its own recourse, but since his lawyer is already into the assignment, my advice to the author was not to be lethargy especially when he has genuine grounds to defend himself.
I am very sorry sir, if I had disputed your opinion, my intention was not that.
Biswanath Roy
(Expert) 25 April 2015
@ Learned Mr. Kalaiselvan,
I expect more matured and intelligent opinion from you which you can. But I am sorry to say you acted in a cavalier manner to opine on a serious legal liabilities. Look at queries no. 1, 2, 3, and 10 averred by the author which will speak for themselves.
SAINATH DEVALLA
(Expert) 26 April 2015
Dear experts,
Finally he has to go as per the skill and expertise of his local lawyer. I doubt the querist can direct his lawyer with his material obtained from the forum nor his lawyer will listen.
Rajkumar
(Querist) 29 April 2015
Sir, Thanks for your all support.
She never filed any case before her sucide Her family members used there power and they complaint in local all women police station with our exchange legal notice. Based on that the lady inspector called me for inquiry. i went with my local lawyer.
The inspector never listen my thoughts even she asked me why you calling to your mom per day 60 time. i never spoke to this many times.
After she told she will book 498a case with me. as per my local lawyer advice i applied AP in HC. HC sent to me for mediation and this got disposed and completed the AP process. After three month i have applied divorce in local district court.
1.Before mediation start her father given petition in commissioner office and i went for counselling for the same.i have dated in my records.
2. Before suicide there is no FIR filed for me about 498a ipc.
I given the advocate notice to her, but she and her family put me in police station. after the incident i have decided no happy to live with her.
After all this i filed for divorce. i have gone through all by lawyer advice.
Still the divorce case is pending in local court.
Finally her family members joined with local political and police support and convert the 174a and 306 to 498a and 304b after she died.
we never called for any inquiry from local police, but we submitted all the documents to our lawyer,but i am sorry to say here my lawyer never applied AP for all my family members he joined with them and we got into...
Now am waiting for trail.
Rajkumar
(Querist) 29 April 2015
@ Roy sir,
1. i have sent the legal notice to her to live with me and my child with my parents house. since she never came to my house this to after child birth i sent the 1st notice.
2. she replied after 25 days to stating that she never interested come to my parents house. if i am not agree to her thoughts she filed a dowry case against my hole family.(and she mentioned like i asked for 3 cores, house and car) that too after child birth.
3. if she truth she could file case before child birth or when am i asking dowry.
4. Their hole family thoughts is i need to live with her in her family house.
5. This is not acceptable, since i have i father and mother both are aged and persons and also they are having so many issues in their health. so i need to take care of them too.
6. almost i filed divorce in after complete the all AP process and i have waited for three months she never came to me. and then may 2013 i have filed the divorce case.
All the documents in our local languge tamil. this the problem to convert all. If any tamil advocates in the forum pls help me i will give all the documents.
Thanks for all your supports.
Biswanath Roy
(Expert) 29 April 2015
From the given facts I have reason to apprehend that you are not liable for the offenses u/s.304-B coupled with sec.498-A, IPC. However, a proper scrutiny of facts and their respective dates are needed to arrive at a final opinion. TAMIL DOCUMENTS CAN BE TRANSLATED IN ENGLISH BY HIRED HIGH COURT TRANSLATORS PRIVATELY.
