my name is vikas yadav, my younger brother avadhesh yadav 32, he got married on Dec 2012. His life was changed, Within a week of marriage, she started pestering my family by asking divorce for no reason. She never allowed him to come close to her for 2-3 months after the marriage. Father advised that with time everything will be fine. But it got only worse. She started misbehaving with parents, hurling abuses at them. When we complained about this to her family, they gave excuses of some "external influence" on her and they would get her treated. But she didn't changed and threatening of Dowry and Domestic violence cases increased by her and her family.
In September 2013, she left home. In December, my father was getting retired and he wished that his daughter-in-law should be part of this program. My Brother signed a mutual agreement on Stamp paper where she accepted her wrongdoings and promised to be cordial with the family.
She came back only to harass us even more. She demanded that I leave my parents. Threats of dowry and domestic violence cases increased. Things came to a point where she left my home again in July 2014.
On advice of lawyers, we filed a case of restitution of conjugal rights, requesting her to come back. Three months after that in September 2014, she filed a false dowry (498A) and domestic violence case and section 17, 18, 19, 20,22, 23,24 my brother, mother, father, me and my wife. We got bail and my brother got conditional bail. condition was ( take a separate rented house and live with wife).
Her brother told she wants to come back only in presents house. We refused saying now this was not possible court has given an order for separate house.When the demands were not fulfilled her brother again filled a casue through Sec156 for maar peet.
She again filed a case of molestation Sec 354A, 345B, 504 in January 2015 on my father and me.
On 26/02/2015 my brother, hanged himself in his room b'coz of harassment of Dowry, Domestic Violence, molestation and to prove that he and his family have not done any wrong to his wife.
Sir i am attaching u a link of his suicide note plz go through it.
On 27/02/2015 we filled a case sec 306 against his wife, brother-in-laws, mother-in-laws.
on 6/04/15 his brother-in-laws surrender in court and now he is in jail.
My request is to please advice me that what could be fate of the case.
Asked in Criminal Law from Jhansi, Uttar Pradesh
1. Pursue your case vigorously and ask the court to issue warrant of arrest so your brother's wife and her father is arrested soon and sent to jail.
2. in the meantime the case filed by your sister in law will continue and hence you take bail if you have not taken any.
3.If your brother has left any suicide note then there is strong chance that his wife and in laws will get convicted.
1. It is sad to know that your brother committed suicide.
2. The brother-in-laws would seek bail which may in all likelihood be denied to them.
3. It is impossible to foretell what will be the fate of the case. The wife, brother-in-laws, mother-in-law of your deceased husband would either be held guilty or set free by the court depending on the evidence presented to the court.
1) The fate of the case would be decided by the evidence that the prosecution is able to establish during trial.
2) Make sure you give the greatest support possible by getting witnesses etc.
It is bolt from the blue for your family, I advice you to fight till the last breath. collect all evidence and don't file any more case against her because it will mount pressure on her to prove her innocence and let the court to decide the truth. order of the court for separate accommodation was wrong because when she was accepted that all these were happened due to any external influence then why court had made such an order.
Your case is very strong in subject to its sustainability in the court and justice will be done in your case. these are the strong point in your case.
commission of the offence under section 306 is based upon "instigation" or promt or abate for commit suicide. your bhabhi has committed instigation to your brother and created such a situation that he had no way either to commit suicide.
In Ramesh Kumar v. State of Chhattisgarh [(2001) 9 SCC 618] suoreme court has held that : where the accused had, by his acts or omissions or by a continued course of conduct, created such circumstances that the deceased was left with no other option except to commit suicide, an instigation may have to be inferred. In other words, instigation has to be gathered from the "CIRCUMSTANCES OF THE CASE".
CIRCUMSTANCES OF THE CASE :-
1. Within a week of marriage, she started pestering your family by asking divorce for no reason.
2. She never allowed your brother to come close to her for 2-3 months after the marriage.
3. after increased tension and took defence of external influence on her. it means she is very shrewd and having complicate mind
4. on filing of petition for restitution of conjugal right she had filed case under section 498 A, because she did not want to live with your family and trying all those axes available in our judicial system to exploit your family.
all above said circumstances are constitute an influence on your brither to commit suicide and in legal terminology these circumstances were instigated your brother for suicide.
court shall presume on above said facts because in State of Maharashtra v. Som Nath Thapa & Ors. [(1996) 4 SCC 659] : ‘there is ground for presuming that the accused has committed an offence’ if taking all the evidence as whole. there is no contrary evidence so it shall be presume by the court that instigation was made on the part of your bhabhi
Sorry to hear about the state of affairs you and your family have gone through. Since the case under section 306 has been registered, provide help to prosecution in establishing that the suicide was result of constant harassment by false complaints and mental pressure by the accused. If you find that prosecution is not diligent in pursuing the case, hire your own advocate to assist the public prosecutor in the proceedings before court.
The fate of case will depend upon the quality of evidence produced by the prosecution.
Advocate, New Delhi
I am deeply saddened from the narration of the story of your brother. Indeed some greedy woman, who marry only to take away the assets of a particular family have become a menace in the society and the laws have done little against it.
About the fate of the case, since the evidence and the suicide note narrates entire incidences, the lawyer should use this as a weapon and corroborate all the statements made in the suicide note with other evidence i.e. statements of the witness who could testify in favour of the incidences mentioned in the suicide note. Looking at the evidence, in other cases of dowry etc, a case of quashing may also be filed after evidence in the suicide case is completed. Justice will prevail even if it is so painful, please be patient.
1. Persue the case you had filed and ensure that the said girl and all her accomplices gets jail term,
2. Her her acceptance on stamp paper also will help you in proving your case,
3. All the cases filed by her will be disposed off after you place the said acceptance of the girl and also for the subsequent suicide of your brother,
4. Keep in mind that she is not yet divorced and is entitled to the properties of your brother. So, it is required that she and her family members are punished and sent to jail.
we have two type of property
1) the property is entitled to my monther name made by my father which is in jhansi.
2) property is parent property in my village its a kheti bhumi in allahabad.
Is she entitled to the property? and how can i save from it?
Asked 2 years ago
1. Unfortunately yes in case of your parent's demise intestate,
2. She is the widow of your deceased brother and is entitled to the inherited property of her husband,
3. Ask your parents to either execute and register a Gift Deed in favour of others or execute and register a Wll so that she can not lay her claim on her husband's share of your parent's property.
If the property is owned by your mother then none except her can claim it.