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Attemt to suicide

(Querist) 16 October 2013 This query is : Resolved 
My friend’s husband made attempt to suicide but he is out from danger now. He has given his statement before police that due to her wife’s raff and characterless nature he attempted to suicide. Now what should wife do to save herself as she is not characterless or no other extra marital affairs.
Devajyoti Barman (Expert) 16 October 2013
Unless such statement is made before the Magistrate or other public servant such statements has no probative value.
Dr V. Nageswara Rao (Expert) 17 October 2013
1.The police will investigate and decide whether the statement is true, and if they find to be true, then they will treat it as FIR.

2. They will investigate on the basis of FIR and if there is evidence they will file chargesheet before the Magistrate.

3.The wife might be knowing the truth. Why did he attempt suicide, which is not a small matter.
P. Venu (Expert) 17 October 2013
Lack of character on the part of the wife, if proved, could be ground for divorce. But, certainly, alleged lack of character does not amount to abetment of suicide!
prabhakar singh (Expert) 17 October 2013
Adultery of wife may be and often found to be a cause of concern in husband's mind and it's long continuance should not be taken as condonation of Adultery by husband.Human mind is too complex and it is too hard to understand how things continue in mind as reaction to an unavoidable circumstance.A helpless self respectable personality may think of suicide in these kind of circumstances.

But the query is about how can wife save herself of these charges which says false.
My answer is that wife can not be prosecuted for her adultery even if she is living in,and for any other sustainable charge,she has right to deny and defend herself.
ajay sethi (Expert) 17 October 2013
it appears that suspicious nature of husband has led him to imagine that wife is having extramarital affairs . if at all she is charged with abatement to suicide she can defend her .the allegations made by husband of her being character less , having affairs have to be proved
Thyagarajan (Expert) 17 October 2013
The happenings given by you is incomplete. How your friend's attempt to commit suicide was not successful?Whether there was any witness to his attempt?
Dr V. Nageswara Rao (Expert) 17 October 2013
1. The query mentions the bare fact of suicide and the bald statement that she is innocent.

2. Though attempt to commit suicide is an offence, it has unique features. The High Courts in Maruti Dubal and Chena Jagadishwar cases and finally Apex Court in Rathinam and Gyan Kaur cases clearly show that all suicides cannot be treated as same, and the Courts are inclined to treat it leniently and even with sympathy.

3. In the present case also, the basic question is what was the cause of the attempt? It is difficult to believe that the wife did not know the reason.

4 True, her extramarital relations, if any, per se, will not be a ground for holding her liable for abetment to commit suicide, though it might be a contributing factor. Her adultery is not a ground for criminal liability but her taunts and behavior can amount to abetment to suicide.

5. But, suppose she taunted him by saying: "You are impotent and you cannot do anything, even commit suicide." This has happened recently in an English case.

6.That was the reason why we should know (a)what were the contents of the statement of the man to the police. (b)Was FIR filed? etc. The question whether she can be saved can be answered only if the total facts are revealed.
Rajendra K Goyal (Expert) 23 October 2013
The information regarding gaps pointed by the expert Dr V. Nageswara Rao are needed to provide advise.
Sudhir Kumar, Advocate (Expert) 10 April 2014
agreed with Mr Venu
Sudhir Kumar, Advocate (Expert) 10 April 2014
repeated

http://www.lawyersclubindia.com/experts/Attempt-to-suicide-429316.asp#.U0X2daI1g48
Sudhir Kumar, Advocate (Expert) 10 April 2014
repeated

http://www.lawyersclubindia.com/experts/Gross-Negligency-Deception-by-the-School-404261.asp#.U0X2c6I1g48
Devajyoti Barman (Expert) 10 April 2014
failed to notice repetition.
Rajendra K Goyal (Expert) 10 April 2014
Sorry, could not notice repetition.
ajay sethi (Expert) 10 April 2014
it is 5 month query . replied to already by experts
ajay sethi (Expert) 10 April 2014
it is 5 month query . replied to already by experts
ajay sethi (Expert) 10 April 2014
it is 5 month query . replied to already by experts
ajay sethi (Expert) 10 April 2014
it is 5 month query . replied to already by experts


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