You an go and lodge complaint against her for abetment of suicide, I would also like to ask that did police conducted post-mortem after the body was recovered?
Committed suicide
My friend committed sucide post knowing her wife in extramarital affairs with some other married man from last one year. He has face the facts 6 month back along with all proofs like : call records , photographs , wtsapp chats and sexual context. From last six months he has tried every single possibility to process for mutual divorce and his wife continued on same statement that I agree with relationship but will not give divorce from my end. ( these words are also in current evidence ). Been six month knowing these facts by husband she again caught with another incident which proovs she still in same relationship. ( these things also in evidence list). Later on he committed sucide texting last message to her stating that * your are the only reason of it , I am going and leaving from my responsibilities now and marry him * ( these conversation are in wtsapp chats .). Please help me to put complaints against her post know all above facts. Also help me with increased acts. Extra marital affairs ( physical relationship ) Harassment Defamation of family Reason of sucide Decline of divorce
Asked 8 years ago in Family Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
8 Answers
Yes .
Asked 8 years ago
The police will do appropriate investigation, at what stage is the investigation right now?
She is liable to be booked under section 306 IPC as she has abetted the suicide of her husband. Approach the Police with all the available evidences you have and ask them to lodge a FIR against her.
If the Police is reluctant, approach the SSP and apprise him with all facts, and request that he directs the concerned Police Station to register a FIR. You could also do this, by way of writing to the SSP through a registered post.
If the FIR is still not lodged, move an application under section 156(3) CRPC.
1) case of abetment to suicide is made out against wife under section 306 of IPC
2) Section 306 of the Indian Penal Code defines abetment of suicide as “If any person commits suicide, whoever abets the commission of such suicide, shall be punishable with such imprisonment of either description of a term which may extend to 10 years, and shall also be liable to fine.” In order to bring a successful conviction under this section it is important that its three essential ingredients stand to be fulfilled i.e. firstly, the deceased should have committed suicide, secondly, the accused under this section should have abetted or instigated him/her to commit such an act and thirdly, such the alleged involvement of the accused should be direct in nature.
Also file a case of adultery against the man with whom your friend's wife maintained extra-marital affair.
File complaint u/s 306,503,506,499 of IPC .
Get all the digital evidence certified by an cyber expert.
she has committed a cognizable offence. you should file a FIR for the offence punishable under section 306 IPC. all the recordings and messages are relevant evidence under section 8,14,103 of the evidence act. you should file FIR for the offence of Abetment of suicide because there is direct nexus between his death and extra marital affair.
The reason for your friend's suicide may be because of his wife's extra marital illicit relationship with some other person.
But this is not an offence.
Hence she cannot be held guilty of any offence or held responsible for his suicidal death.
Moreover this is matter related to her marital life, you are his friend and not even a close relative, hence any move or steps taken by you may backfire and you may be questioned about your interest in it.
Further, any action taken by you may hurt her and in retaliation she may file the said cases namely, defamation case, harassment, outraging her modesty etc.
Think well before proceeding in this sensitive issue.
What is the opinion of the parents of your friend on this?
The whatsapp messages are not admissible as evidence before court of law neither the police will entertain any such complaint from you, hence you got to be very cautious before taking any step on this.
