Wife died during pendency of divorce and other cases
victim
(Querist) 11 September 2015
This query is : Resolved
I got married in Dec-2007.My wife died in May-2014 (within 7 years of my marriage) during the pendency of divorce case filed by me and several other civil and criminal cases (including DV case) filed by her. No final judgement in any of the case only interim order in DV (right of residence). She died in a hospital after 9 days of treatment by a team of qualified doctors. Her parents took her to the hospital. the reason for her death as per death summary was brain hemorrhage (bleeding and clotting in the brain). I got to know 13 days after her death. There is no postmartaim done. After almost 11 months of her death her elder sister who is an advocate also has filed a complaint in the court of CJM Ghaziabad under section 156(3) against me and my family for registration of FIR under section 304 b (dowry death) and section 498 A. I/O has filed his report stating that she was not living with my parents from the last 4 years and was not living with me also because divorce case is pending from the last 18 month.she has filed her WS in the divorce case. What are the options available to me to prevent FIR to be registered against me. They are only doing this to harass me and to extort money.
SAINATH DEVALLA
(Expert) 11 September 2015
Whatever may be the cause for the death of UR wife,UR inlaws can file different cases against her marital home,even though she was living separately prior to her death and divorce case pending. 156(3) already filed and section 498A ass well.But UR sisterinlaw cannot file 498A against UR family.
Options for preventing FIR being registered could be bleak and U have to defend URself with merits from UR side.
Rajendra K Goyal
(Expert) 11 September 2015
If any case is filed against you, defend the same on merits. Discuss with your lawyer.
