Guidance in under sections 294(b), 325, 498-a, 406, 506 (i), 304 (b) of i.p.c. & section 4 of dowry
JOSEPH VICTOR
(Querist) 27 September 2012
This query is : Resolved
Sir,
My wife died on Sep 10th 2009 due to Encephalitis. She was suffering from fever from Sep 7th to 10th. And I have the evidence for her treatment on these days. I was in my office when she died.
My mother in law died after four months . Now my inlaws has filed dowry harassment case against all of my family members after two years and two months [ November 2011].
As I was in shear shock over her death , Postmortem was not done. She was buried near my inlaws house.
Will this case stand. I am trying with my lawyer and submitted all eviddences.
Things bought by me bills, transactions etc. Request your expert opinion.
V R SHROFF
(Expert) 27 September 2012
what evidence , and valid reasons to wait for 3 years??
Delay to complain cannot be condoned.
It proves after thought , for some other reason.
however you are bound to defend yourself.
JOSEPH VICTOR
(Querist) 27 September 2012
Sir,
Thank you for your promt reply. My FIL and BIL are practicing lawyers.
Evidences:
Medical prescirption of the doctor on sep 7th to 9th 2009, death certificate of the doctor who last attended when she was fighting for life.
.
Resaon for delay not mentioned. They have filed for gaurdianship for my son. Now he is years old, staying with me and doing Grade 1 in CBSE school.
My passed on 2005 and my MIL passed on 2010. So I have done second marriage.
JOSEPH VICTOR
(Querist) 27 September 2012
Sirs,
As per your advise removing the petition copy.
ajay sethi
(Expert) 27 September 2012
is their any property standing in name of your wife? may be they dont want you to claim any share in wife property . hence complaint filed after 2 years .
we cannot advise you regarding your quash pettion . it is necessary to go thrrough the case papers to advise .
JOSEPH VICTOR
(Querist) 28 September 2012
To my knowledge one house is there. Can I attach the scanned copies of the FIR for your perusal.
Sudhir Kumar, Advocate
(Expert) 28 September 2012
when you have filed a case in High Court then it is not fair for you to put the petition on website and seek opinion.
You may better resists. The opposite advocate if member of this forum can get you hauled in contempt case.
Anyway to attract 304(b) the death should be unnatural. In this case as you told the patient was struggling for like suffering from deadly infectious disease.
JOSEPH VICTOR
(Querist) 29 September 2012
Sir,
She was suffering from fever for three days on and off. I have the treatment evidence and I was in my office 15 km away from home. All my flat members knew this.
I was in a shear shock and I dont know about the mandatory PM requirement then. Is this a serious offence .
The complaint was given after the death of 2 years.
JOSEPH VICTOR
(Querist) 30 September 2012
Sir,
I have been granted AB. Is there any time limit to avail/respond to that. Because my quash petition is still to be heard. Can I wait for that quash.
I dont have anybody to grant me surity in that juristiction.
