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Dukhi Husband   06 June 2018

Punishment

I am married for the last 20 years. However, me and my wife do not get along well due to difference of opinion in all matters. I mostly stay out of house and stay with my family for about a month in a year. What will be my fate if my wife commits suicide on her own, and I am not at all involved or I was staying out when this happened.


Learning

 5 Replies

Raghav Arora   08 June 2018

Hi! Thanks for the question! Here there can be a lot of scenarios, circumstances and facts on which the case will depend-

Did she write something before she dies or not?

If there has been some litigation or domestic matter going on already between you and her?

How has the FIR been filed against you by the family members or anyone concerned?

You can even be considered to be an abettor if you were not even present then. How has the IO investigated the case and how has he prepared the charge sheet or if he has prepared a final report.

What has the post-mortem report indicated? And the list goes on...

However, from what I pick, I guess you are concerned with the scenario, where you are out there at peace with yourself and suddenly get stuck due to her committing suicide. If that is the case, the shreds of evidence will be recorded and investigated and there are high chances that your leaving the house and your wife will be considered as abetment of suicide. However, I'm sure if you are not found involved and completely off of the scene, then nothing shall happen to you and you don't get unduly stuck.

So It is advisable that you sort things out with your wife or simply get a divorce and eliminate any risks that may arise in future. Good Luck!

Raghav Arora   08 June 2018

Hi! Thanks for the question! Here there can be a lot of scenarios, circumstances and facts on which the case will depend-

Did she write something before she dies or not?

If there has been some litigation or domestic matter going on already between you and her?

How has the FIR been filed against you by the family members or anyone concerned?

You can even be considered to be an abettor if you were not even present then. How has the IO investigated the case and how has he prepared the charge sheet or if he has prepared a final report.

What has the post-mortem report indicated? And the list goes on...

However, from what I pick, I guess you are concerned with the scenario, where you are out there at peace with yourself and suddenly get stuck due to her committing suicide. If that is the case, the shreds of evidence will be recorded and investigated and there are high chances that your leaving the house and your wife will be considered as abetment of suicide. However, I'm sure if you are not found involved and completely off of the scene, then nothing shall happen to you and you don't get unduly stuck.

So It is advisable that you sort things out with your wife or simply get a divorce and eliminate any risks that may arise in future. Good Luck!

Dukhi Husband   08 June 2018

Sir, Many thanks for the reply. The issue involved is as under:

(i) We are married for over 20 years. So is the length of marriage a factor to decide about abetment to suicide in case wife commits suicide?

(ii) Generally, there are always difference between wife and husband. No domestic violence case including no dowry or other criminal offence. It is only difference of option on all matters, on matters relating to children education, etc. Hence, I always remain outside giving them a chance to stay alone and lead life peacefully and without any fear.

(iii) Now if the wife commits suicide if she considers life too difficult for her, can a hunband be always founf guilty?

If a husband is always found guity for the wife's suicide even when he is not associated or concerned in any manner for her suicide, then the law is BAD. Always the wives will have upper hand and will blackmail the husbands, where is end to it?

 

 

 

 

Raghav Arora   08 June 2018

I do understand your concern, sir. Here we are talking about the law, which is something that can never be objectified and in a society like India, we cannot deny that it is more difficult for the female gender than the male gender due to the patriarchal mindsets. This flow of things sure has it is own pros and cons.

Now here, the time of marriage should not be an issue.

It is dependent upon two things - How is the judge conditioned and how well your lawyer or your wife's lawyer convinces the court. However, if there is no prior litigation or violence case, then it is a plus point for you. But anyways, there has to be an investigation and it can't be avoided. 

So again the advice is to sort things out or get legally separated to be in the safe zone.

Ross Marsh   11 June 2018

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