Vict8im Very (NA) 15 July 2016

Urgent:wife died now pressurised by inlaw

Hi Dear Legal advisors,

My story is:

Me and my wife residing at a my owned flat. Everything was running fine, i am IT prof. and my wife was a teacher, My parrents stays in village seperately.I was noticed that my wife was disturbed with our daughter. She is only 4 yr. But she is very arogant, always try to shout for any thing. My wife was very disturb that she cant manage her. She dont listen to her mother etc etc.

In the day of incident,

My wife went to school with my daughter, actually i told her to take daughter to her school on saturday, normally i used to take care of baby on saturday, as i have weeknd.

At that morning she cooked for us , gave me cup of tea, but she was angry to me. as i told her to take our baby today because i will go to service center for car maintanance.

She went to school i rushed to the way of service center but suddenly i decided not to do today my car servicing as wife is not happy, i came back to my home, and my cell battery was dry. And it got off and i put it on charger. My wife tried to call me as per her colleagues and she got also switch off. She told her collegue that i switched off my cell. But it was due to dry battery. After that she came back. Usaully i go to station to pick them when i am at home. But on that day i did not becoz when i put the phone on charger i slept. And i woke up when she came back. And wife came form school at around 2 PM

After that i go to bathroom and have bath and go out to market to bring some foods as my wife loves to eat biriyani. i thought if we have some her favourite food she will be cool. but thing was very bad on that day, my car tyre got punctured and repaired and also withdrwal some cash from ATM. It took some about 30 mins.

I boiught 2 packet biriyani, and came back, after that my baby shouting papa i want eat biriyani right now. i said my wife lets have some food. but she was just lying on bed in another room, i thought i have to manage her and have to convince to take her to dininig room. And at that moment i was feeding my daughter. Suddenly i heard she is shouting, i immediatelt rush to that room and see she has fire on her cloth on left side of chest, i just hug her to stop the fire, than we both led down on floor, immediatly i take her to the bathroom and switched on the shower and all the tape. Fire stopped and also i tried to cover her with blanket.

Now we both take long breath that fire stopped, she told me to go and call a doctor at home, i was totally nervous and me and my daughter was only there. After that i went hospital i was also injured in both leg and hand burned. Atfer that i went to nearest hopital which takes only 5 mins. i tallked to them they told me to bring the patient. I came back to within 15 mins(approx) i guess and take her to hopital. she was ok and she walk with her own without any support. She was in full conciuos also.

One of neighbor friend's wife also came to my flat at that time and she also saw the injury she also felt that hardly we have to stay in hopital 2-3 days(max) and my wife also said to frnd's wife that when the servant will come please tell her to wash the room, as possible lot of water is there. Rest of thing i will do after came back.

we both admitted in hospital doctor told me my wife having 80% burn and mine was 37%, but i am so scary how wife having 80% as we saw only injury in left chest fornt and back and not very deep. i did some google i can tell that it was 2nd degree superficial. I have the all doctors document about it.

During going to hospital she also asked me, is any thing injured on face? i said no. Do i need to do plastic surgey etc etc. I said what ever we need i will do just keep patience and cool and pray to god to have less pain.

Doctor took the statement from both of us, my wife given statement that accidentially she caught fire while she was sleeping from incense of stick with contact of kerosene. I was also not in the sitauation to ask how the fire caught her. We both than transferred to burn unit of another hospital. I wonder when i heard that my wife is no longer with us. I came to know the news after 4 days of incident. At that moment thing was fine my inlaws allso give me the sympathy etc etc. Police did there enquires, my inlaws given statment that they dont have any complain ( i heard they give it writing to police station) They were there during funeral. I was in hospital for more than 20 days. After that i took release on risk bond as i was mentally disturb to stay at that hospital. Police did there inquest and also enquiry in my local neighbors. As we have very good relation with my wife, and neighbors saw happy family, no body given any worng statement. Incident took place on 5th march , wife dies on 6th march, funeral done on 7th march.

Post mortem also done by police, i got the PM report from my inlaw and mentioned that death was due to burn injury. No external injury found. Simply Nothing found against me.

Now story starts. Inlaws take aways all jwelley . LIC etc and now they told me that they will start living with me. other wise they ill go to court case. I lost the statement given by my wife at that time. i said them i need some time, but they said ok take ur time but we will stay at your flat with grand daughter. Than they force fully came to my place and started living at my flat with my daugher and me. I am baring all the cost. Also they have condition that no one from my relative can come to my place.

I am living with tham from last 11 June. My wife dies on 7th march, Now if i go to another place for my job they will not let me go. they wiil always blackmailing i ve some evidence, phone calls, records about it.

I have one police copy that police send to therer higher authoriyt which is enclosed with the PM report that no complain has been found during the enquiry, I also now have my wife's statement that is given to doctor in Medicon legal form, I think it can treat as dying declaration ?

Now from above story can some one advice me that, How much time i have to spend with them. Or should i affraid with them for case? As i am honest person. I did not do anything illegel work in life.

Should i challenge them to see on court? they are just harrasing me and my daughter and entire my family, also some time giving "threat" to take away my daughter. I am in very bad situation. Please advice me if its right time to take a challenge with them in court. please note my marriage is 6.9yrs.

My neighbors also knows about my situation, that i am harassing by my inlaws.

Please advice, and please let me know if you need some more information.

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45 Replies

Mukesh sharma (job ) 15 July 2016

Hi you did not need discribe all matter here its seems you written a family story

you written here only your matter and what is problem you face......

not book

Sood 15 July 2016

Yea if u can send me police investigation report and postmortem report.... and answer to question when u both guys were first admitted in hospital was there any statement givenot by ur wife to police

Vict8im Very (NA) 16 July 2016

Mukesh you can read it from from story starts, at below para

Now story starts. Inlaws take aways all jwelley . LIC etc and now they told me that they will start living wit

Vict8im Very (NA) 16 July 2016

Hi Sood,

Post mortem report only says, Death due to burn injury, nature in antemortem. Police investigation report i did nt find i got a copy of abstract poice where they have mentioned that no complained register during the enquiry from any corner.

My wife given statment to the hospital doctor, i am not sure where police was present or not but sure that sopy of the statement is sent to police station.

Mukesh sharma (job ) 16 July 2016

Hi i read your al story after read immention here you need to showcase your problem here only not your personal life what yoou eat waht not its not matter

thanks

Vict8im Very (NA) 16 July 2016

Mukesh, any suggestion?? as i think circumstances and situtation need to describe to give a suggestion. so described the points. what happend can u please suggest?? as i need legal suggestion

Pawan S (Advocate) 16 July 2016

Don't take any step in the spur of the moment.

2. Maintain harmonious relationship with your in-laws & start collecting all the evidences silently/confidentially

Medical Reports of your & your wife (for more than last 6 months to till date)
Dying Declarations
Post Mortam reports
Police report & statements of neighbours
Pics along with recent pics (where one can get an idea of the harmonious relationship with you & your wife).

f. Wife’s phone call records for the last one year at least along with yours.

g. Try to VIDEO record their intimidation & blackmail threats.

3. You must give a proper notice or report to the police (as advised by your lawyer on seeing the totality of facts). You have to be clear on facts that you never wanted to use her Stridhan.

4. Do a GD (general diary) in the police station and notify police about their (in-laws) Criminal intimation and blackmail against you

Mukesh sharma (job ) 16 July 2016

Hi you need t collect her statement where they said thats all not your fault and .not want to proceed for police case and copy of postmartem report for your avidence

talk with them very politely and tell them your condition after if they not change and start blackmailing to you than collect avidence and file complaint in police and

you show them all proof and their your wife statement matter which she given to police when she on bad

collect all proof and go to police lodge FIR against your father in law for blackmailing to you

Vict8im Very (NA) 16 July 2016

Hi Ekta,

Thanks for your reply.

I have collected following.

Medical Reports of your & your wife (Done)
Dying Declarations (Medico Legal form, statement given to doctor)
Post Mortam reports *Done
Police report & statements of neighbours (Done)
Pics along with recent pics (where one can get an idea of the harmonious relationship with you & your wife). (Done)

f. Wife’s phone call records for the last one year at least along with yours. (Done)

g. Try to VIDEO record their intimidation & blackmail threats. (Recorded Voice only)

Can you please tell me is it possible agter 6 month to get seperate from them.

As its not possible to stay with them, Please suggest.

Vict8im Very (NA) 16 July 2016

Mukesh i dont want to take any action against them, as they are older man, I just want to stay away from them. When is that possible,? any specified time? its not possible to stay with them for life.

Mukesh sharma (job ) 16 July 2016

Hi if you not want to take action against them as you think they older person and you respect them its good

but here we did not mention any time limit as i say to you talk with them and try to cnvince if you success

in last if you want you pay him some money if they want and live separate

thanks

Sudhir Kumar, Advocate (Advocate) 16 July 2016

not time to read a long narative.

charges against you (or other family memebrs imputed) stands proved, for a minimum sentence of 7 yr, if the police can show that :-

there was a marraige.
marriage was less than 7 year old
there was death of wife
death was in unatural condition.

It is now your hae to prove to the full satisfaction of court that (i) there was no dowry demand (ii) there was no torture (iii) cause of death was other than tor4ture caused by you or your family.

Just forget that you can be easily be out of jail if relatios with in-laws go bad. they just have to exercise their tongue in positive when prosecutor asks about dowry death.

Sudhir Kumar, Advocate (Advocate) 16 July 2016

repeated

https://www.lawyersclubindia.com/forum/Urgent-wife-died-due-to-burn-injury-now-pressurised-by-inlaw-139761.asp

ontinue on one thread and cloose other.

Vibha 16 July 2016

Supreme Court's recent interpretation says that prosecution has to prove that wife was subjected to cruelty or dowry demand soon before the death.
Without the above, presumption of guilt under IPC 304B does not kick in.
That being said, I agree with Mr. Sudhir Kumar that if the points he has listed are established you will have to face trial for dowry death.
If you can prove the circumstances you have described you may get an acquittal, but facing such a trial is going be a heavy cross to bear.
The more evidence you have in your hands about circumstances the better. The more time that passes without any complaint the better. The more evidence you have of inlaws threats the better.
It is hard to determine where to draw the line. Retain able counsel secretly and create a strategy with him to protect yourself and slowly get freedom from inlaws encroaching on your life.