Sir I am seeking your legal Opinion and Procedure, Kindly Advice.
I got intercaste love marriage on Sep 2020, Almost 1.5 years completed. There is no children's at present. Things among us not working fine. I am living with her in sperate house. I am taking care of my old parents separately. I want to come out from the relationship.
My wife threatens to kill herself if I leave her or file divorce petition. I tried to convince her many times that after the divorce I will take care of her daily expenses. But she is not ready for Alimony, she want a husband who obey all her conditions.
For Mediation I had disclose this thing to her parents but they are not showing any interest and support.
If I leave my wife there is possibility that she will try to commit suicide. Then tomorrow her parents can put wrong allegations/FIR on me under 306 Abetment of suicide case.
Pls guide me legal procedure to escape Sec 306 allegation in future if she try to kill herself.
The situation is little serious. I feel like a trapped.
Dear Mr Aggarwal,
You are absolutely correct. The situation can get serious. Under law, if wife dies (due to any reason) within 7 years of marriage, a mandatory inquest is launched and presumption is of dowry/cruelty death. In such case, the husband may have to bear a lot of legal trouble or even jail time.
Now the question is that in your circumstances, what should be done and what is the solution. Now, your wife may be threateaing due to 2 reasons (1) she is emotionally attached to you and loves you, (2) she simply wants you to do whatever she wants for obvious selfish reasons.
Now as far as (1) is concerned, I may not be able to help you except saying that try and work it out with her and see if things can be better.
With regard to (2), if you choose to end the relation then you must protect yourself by doing the following:
1. Send a letter (through registered post and keep original receipts) to your in laws with copy to local police station stating that your wife is threatening to commit suicide and is not behaving responsibly and then they should immediately intervene to avoid any unfortunate incident.
2. See what is the reaction from your in laws, wife and local police. Most probably you all will be called in police station to resolve the issue. Take part in discussion when ever called. If the jewellery of your wife is under your control, then hand over the jewellery to her in presence of police/relatives. Do not hide the same.
3. Then hire a good advocate and initiate appropriate proceedings in court of law.
4. Start paying your wife monthly allowance as per your financial capability and keep a record of all payments with proof.
5. Once you file the letter as discussed above, do not indulge in physical relations (even if she tries) with your wife untill this situation is handled.
6. Do not yell or abuse your wife in anger from the day you decide to end the relation. Just be calm and say whatever you want to say in a lower tone. But at the same time be confident.
At this stage this is only what I can suggest because further action would depend on the reaction and circumstances.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
