Threat of another 498a
Victor
(Querist) 20 April 2013
This query is : Resolved
Around 5 times wife earlier case filed in different ps. But in dec 2012 compromised the last case filed for 498a.
Now due some or other reason, she consumed sleeping tablets , hospitlized & discharged on next day, police enquired and said since she is not serious, the husband is left, but would take up next in case if she commits next time for whatesoever reason may be.
Question
1) Does any wife has any right to commit to suicide, if not what is needs to be done from husband to get relief?
2) Does wife or police can file another 498a where she recently compromised in dec 2012?
Experts please your opinion
Shashwat Shukla
(Expert) 20 April 2013
Committing suicide is not a right under penal law. And second thing is that wife have right to file 498-A but u can raise ur contentions at the time of challanging FIR (if lodged against u) under Art. 226 of COI in high court and subsequent stage but u can not stop her to lodge FIR against u..So far as ur relief against suicidal thread is concern, it is better to.inform ur Police higher authorities as well as u can lodge a complaint before judicial magistrate disclosing all the earlier facts.
One important thing as u mentioned in ur case is that 5 times she file case against u from diffenlrent ps.....it is not possible... u should challange all the FIR's under Art.226 of COI before high court bcoz for the same offence no one can file two FIR.(if all the earlier case was 498a).
prabhakar singh
(Expert) 20 April 2013
Q.1) Does any wife has any right to commit to suicide, if not what is needs to be done from husband to get relief?
a.None have right to commit suicide.Report to police station in charge/sp/or magistrate.
Q.2) Does wife or police can file another 498a where she recently compromised in dec 2012?
a.she can file.option you have only to contest.
Raj Kumar Makkad
(Expert) 22 April 2013
Threatening for suicide is a strong ground to seek divorce from such lady. Record her voice and move ahead as advised.
