• 302, 328 Viscera does not show poison

I am ajay kumar. I got married on jan 2017. On second day of marriage my wife tolds to my family she was in pressure to get marry to me by his family. We called her parent but they did't picked our calls. After too many calls her uncle came to my hous and she left with him by saying she is mentally sick.

After 2-3 months her family start putting pressure on my family to give half of my property to her otherwise they will put dowry and women harrasment case on us. One day on 10 Jul they came to my house and took my father with them. After 2-3 they came with my father to home. My father got fainted. They told us its due to weather as it was too hot in july in north india. After some time he start vomitting . We admitted him in hospital where on next day he got died.

We have put FIR in name of 8 people including my wife. But viscera report does not shows poison in the report. Now police have put FR stating that since there is no poison. So we have no proof now.

What could be done now.
Asked 4 years ago in Criminal Law
Religion: Hindu

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9 Answers

Dear Client,

File protest petition in the court against the closer report. What police has reported, where they took the father and where was he for 2 3 days ?

What post mortem report says, cause of father death ? apart from poison, many other substance available to cause death.

Or police and doctor confined the post mortem, to viscera test only,

maintenance shall be 25% of salary. leaving job will serve no purpose. Maintenance can`t be avoided to non earning wife but in your case she is not entitled to as she her self deserted the home.

Ground of divorce - forceful marriage, father death, desertion and unwillingness to consummate marriage, threat of filling false cases, extortion etc.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) file for divorce on grounds of mental cruelty

2) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce

3) court can award wife around 15k a month as maintenance

4) if wife is working court would consider her income while determining maintenance

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0


The final report should be challenged by a protest petition in the district court. If this also gets dismissed then you should file an application u/s 482 in the HC.

For divorce you should file a petition against the wife alleging conspiracy to commit murder and murder against the wife and her relatives immediately. An fir should be filed.


Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

You need to file divorce on the grounds of cruelty or desertion or both. If there was no poison then no criminal case for murder is made out.


Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

Contact a local lawyer and file a protest petition.

Try to question the findings recorded by the Police in its closure report and challenge the same.

Get in toch with an expert criminal lawyer in your city.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Seek divorce from your wife on the ground of desertion.

You do not need to maintain her inasmuch as she's the one who has deserted you and left the matrimonial home at her own will.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0


As you said that you don't have any proof, so you can't challenge FR.

Possibility of divorce is strong, you said that that girl also didn't want to marry you,

so talk to her and file mutual divorce petition.

Or she is not ready then file divorce petition on the grounds of mental harassment,

cheating by family and separation after divorce.

In only one condition that you are free from to pay maintenance to her, if she is earning

good salary and you are unemployed, otherwise in every condition you have to pay.

It's up to on court mind, what amount they decide.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Whether a post mortem was done?

If there is nothing to prove against them you cannot do anything about this in furtherance.

You can wait and watch the action taken by police in this regard.

If you are not satisfied by the investigation report you may seek investigation by another IO in this regard.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Contest maintenence petition there are several judgement in favour of husband in maintenence petition .... However I wud suggest not to leave the job... But only contest the matter ..... May b poison not found but there is an criminal conspiracy had done against your father.... I also suggest you to consult an advocate with fir copy and discuss your matter... Do act fast as you can.... For free consulatation you may call ...

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

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