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(Guest)

Regarding dowry death

Hello all,

If wife has deserted husband and staying in parental home with no communication between spouses over last 1 year. If wife commits suicide now while in parental home after deserting husband for over last one year, Can dowry death case 302B be applied?

 

Please suggest.



 6 Replies


(Guest)

Yes.


(Guest)

Hi

Thank you Helping hand for your quick reply.

But how is it possible to put dowry death case when spouses have no communication between them for over 1 year?


(Guest)

@Querist,

 

1.Dowry death doesn't come under section 302-B of IPC rather 304-B.

 

2.You cannot be charged under section 304-B.

 

3.You can be charged with abatement to suicide.

 

Rest on further hearing...

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

1 Like

Sudhir Kumar, Advocate (Advocate)     25 May 2013

if the marraige is less than 7 years and there is unnatural death then the presumption operates against you as the law does not specify the place of death.  A girl in prental house can be compelleed to suicide alleging not being allowed back due to dowry demand.  So you are not safe if she has gone away.


(Guest)

I strongly disagree with the views of Ld. Member Mr. Sudhir.The supportive argument he came up with does not hold water even an iota in this context.

 

Let's expect some more logic from Ld. Member Mr. Sudhir Now.

 

Thanks,

Regards,

rajiv_lodha (zz)     26 May 2013

In this specific case, police may bother u with abetment case BUT U WIL FIND AN EASY ESCAPE AS :

* No communication from past 1 yr

* She comitted the act in her parental house


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