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Urgent:wife died now pressurised by inlaw

Page no : 3

Sudhir Kumar, Advocate (Advocate)     16 July 2016

Originally posted by : S Shah

that depends on totality of circumstances.  Other party may argue that you are injured by her in ser attempt to self defence.

In this my injurries are in such places one can easily understand its not attack bu someone, i huged her and my hands inside premises burn.

Yes one of my neighrbor can give witness. i guess. As he knows very well about our relation.

 
 

There evidence may be relevant to corroborate that your child has seen the event and they heard her immediately saying so that you were rather saving her than injuring her. You do not appear so unkucky in this case.

 

Sudhir Kumar, Advocate (Advocate)     16 July 2016

Originally posted by : S Shah
Hi Sudhir, yes already shown it to my lawyer, he said ther is no provision of law now to file a case, As deceased itself mentioned that she causght fire accidentially. And its almost 5 months now, and during the enquiry no complain found, He suggested me not to live with inlaws, that may effect my daughter in future. please suggest me if you are agree?

given facts tend me to agree with views of your lawyer.

Vict8im Very (NA)     16 July 2016

Ok..So you are agreed with my lawyer as per the situation that he said there is no provision of law now to file a case. Is right ?

Actually i dont want harrasse that will effect my baby. 

Vibha   16 July 2016

  1. All your evidence sounds good, but it is not relevant in initial stages. Police can proceed to charge you despite all the evidence. You will have to wait till case is heard in court to show your evidence.
  2. Since 5 months have passed without any smoke things are moving in your favor. The more time that passes the less maintainable is any claim for dowry death.
  3. I would still advise being careful to not antagonize the in laws and move away from them on peaceful terms.

Vict8im Very (NA)     16 July 2016

Thanks Vibha, but its something tough to move away from them, they just want to live with me. But i am also not sure that if i move away from them they will do a case or not because they knews well that everything is on my favour, And i did not do any wrong, basically i am the person cant even think about  that i will live without my wife. They knows it well. But thing is when i will move away from them, can be inspired by any lawyer or any person to harasse me. Secondly they can go to lawyer for custody of a child. And i am assuming at that time lawyer may be inspire them to file a false case to get custody or something framed like that. Can you please suggest how can i move away from them.

Vict8im Very (NA)     16 July 2016

Hi Vibha,

Can you please tell me why the evidences are not relevant i initial stage? I also talked to Officer Incharge, he is positive in my case he understood that i ve not done any crime. I tried my best to save my wife becoz me and my daughter  mentallydepends on her. 

 

Vibha   17 July 2016

  1. If police decide to go after you, they can build a case easily. They are not required to collect evidence in your favor, they leave that part for trial stage in court. If police is supporting you that is good, but keep in mind police support can change any day. A media article or some money is usually enough for them to turn 180 degrees.
  2. I don't know what to advice about moving away form in laws. Personal relationships are very complicated. I believe that amicable solutions are always possible, most people tend to give up on finding them too soon. See a family counsellor and try to make a case that spending time alone with your child will really help you and the child mourn and heal the loss of your wife. If your in laws can understand your needs they may agree to step back on their own. It is also good for the child to have access and positive relationship with her grandparents in the long run.

Sudhir Kumar, Advocate (Advocate)     17 July 2016

Originally posted by : S Shah
Ok..So you are agreed with my lawyer as per the situation that he said there is no provision of law now to file a case. Is right ?

Actually i dont want harrasse that will effect my baby. 

I am agreed with your lawyer on the following proposition only

 

"He suggested me not to live with inlaws, that may effect my daughter in future."

Vict8im Very (NA)     17 July 2016

I am just very wonder with the Indian law, innnoces people has no value in law. If wife dies with her own and nothing found against the husband still husband have to proof his innocense. Just annoyed.

Sudhir Kumar, Advocate (Advocate)     17 July 2016

Basically this forum is not there to justify the laws.

 

But one has to see that such like laws do not come out of air.  The IPC was framed in 19th century and while burning of newly married women by in-laws was seen rampant such laws were needed and framed.  The offence has been notified as seperate from murder.

 

So you are placed in the cirucumstances as they are.

You seem to be lucky as having some evidence to prove that you are innosent.  Not all are so lucky.

Vibha   17 July 2016

Laws are made with good reason and good intentions. After making a law it's unintentional consequences come to the surface. Judiciary has responsibility to make sure that implementation of law is inline with legislative intent. To a large extent judiciary has modified interpretations of sections like 304B to prevent innocent people from being punished. However slow movement of courts defeats everything, despite being innocent and winning acquittal someone may spend most of their life in jail waiting for case to move forward. Dowry death is quite a serious offense and  most people do not have the money to afford senior lawyers to win bail in such a case. 

Laws having unintended consequences and abuse happens in all countries. Laws in US and UK are far more strict than India especially when it comes to women's rights and protections. Wives get half husbands property in a divorce and wife can charge husband for rape. Compared to that Indian laws are still quite patriarchal. The extreme slowness of Indian courts and corrupt police are bigger factors of harassment faced by common people. 

Vict8im Very (NA)     17 July 2016

Hi Thanks Vibha,

I do understand, But you know in happy family if suddenly face an accident and it colored as dowry it mentally very painful. As still i can't forget the memories and promises made to my wife. i sitll love her and will do love till death. What ever if i face any tough situation from my inlaws. My inlaws said about 306 more not about 304B . They believe some one has instigated her to do so. And its suicide. I dont know how i will overcome from the current situation. Another question also is no action GD possible? i want to notice police about my current situation other wise if i got a case its tough to proof my current situation at that time.please advice.

 

Vibha   17 July 2016

I believe you have adequately advised by several members on this forum. We can only share general opinions based on what you tell us. What steps are most appropriate for you is something you have to decide for yourself in consultation with your lawyer.

Vict8im Very (NA)     17 July 2016

That's right, but i believe in this forum those are advsing are lawyer. So want to take advice as much as possible as before taken any decision i should be aware of all the thing what might happen. And what positive or negtaive can happen with my life. And my life is with my baby. So i have to take decision very carefully.

Another question also is no action GD possible? 

Savita Singh (Advocate)     17 July 2016

No needs to worry if you have the abovementioned documents.... But firstly try to handle the situation peacefully with your inlaws.

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