Protection against 304b
Lookingforpeace
(Querist) 22 April 2014
This query is : Resolved
Dear Learned Members,
I need an expert advise to protect my family and myself from wicked wife.
Due to lot of mental cruelties, am filing Judicial Separation from my wife and will be sending summons very soon to her & leave her. Have proof which can prove my innocence and her awkward behavior.
Before that I need to take precautions on Suicidal character of her. She is having suicidal tendencies. She has also warned me that She will do suicide and show the colors to my family one time(For which I dont have proof). She has already attempted Suicides and her father has saved her several times.
Basically , I want her to fight the case in court rather do suicide and make our life hell.
I have below strategies:
Before filing Petition, Send a Lawyer notice to her father stating that am going to send summons. And your daughter is having suicidal tendencies , You should take responsibility and go to her home and take care of her.
File a open complaint to nearest Police station, before a day the summons is going to reach her or FIL.
I want her to be alive and fight me in court room. Because I want her to face judicial system.
I dont mind getting 498A or DV. Because I have sufficient proof to prove my innocence.
Is there any other Ideas to make her and FIL alert.
Your answers will be taken with greatful thanks.
ROHIT SHARMA
(Expert) 22 April 2014
1. Why go for judicial separation which is granted u/s 10 of the H.M.Act, 1955. It would be better that you seek divorce on the grounds of her severe mental illness of having bipolar mental disorder and acts of attempts to commit suicide u/s 13 (1)(iii) of the H.M.Act, 1955.
2. Once you file such petition then that can preempt her attempt to file any accusation u/s 498-A or 304-B of I.P.C.
3. Be firm in your decision and file the petition for divorce at the earliest.
4. If need be you can opt for post paid phone consultation with this lawyer.
Adv. Rohit Sharma.
(M) 09824047971.
E-mail : lawgate1349@gmail.com
Devajyoti Barman
(Expert) 22 April 2014
No strategies will protect you on the event of you suicide of your wife.
Judicial separation is of no use. You can rather go for divorce.
After the passing of very recent supreme court decision charge of 304B is to be sparingly pressed.
Sending of any letter before filing of suit is an empty exercise.
Rajendra K Goyal
(Expert) 23 April 2014
Agree with the expert Devajyoti Barman ji.
P. Venu
(Expert) 24 April 2014
Have you obtained medical opinion on her alleged mental opinion. Please note that any degree of mental disorder is not adequate obtain a decree for divorce.
T. Kalaiselvan, Advocate
(Expert) 24 April 2014
If you have evidences to prove that she attempted suicide on earlier occasions, you can very well attach the photocopies of such evidences along with your complaint to the nearest police station of your jurisdiction for the proposed act of protection through police in the event of a real suicide by her on receipt of summons for judicial separation. Your plans for judicial separation for the reasons you justify will certainly provide you fruitful results especially in the event at a later stage in which this judicial separation is going to convert into divorce. But think again that why to take a long route instead of a straight route, our planned strategies may not favor us always.
