My cousin, a father of two children, his wife slit his throat while he is sleeping and attempted to hang herself... Somehow, his children woke him up, even though he was bleeding he rescued her. Both of them got admitted into hospital and got discharged. She has suicidal tendencies, previously she attempted to kill all the family members by posoning food. Now, they are threatening him for filing DVC, MC and 498a...interestingly she had filed 498a and sent hom to jail in the initial years of their mattiage and also accysed him of impotency.. Now what shall he do? Should he file a case? He is a police constable with BSF...
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
See immediately a police complaint need to be filed for attempt of murder and attempt to suicide also further intimidation for suicide and false cases.
See in case anything happens to her or she files false case it would be trouble for him so better to take steps and file case against.her immediately.
He should file police complaint against his wife for attempt to murder
2) rely upon medical reports as to nature of his injuries
3) also file for divorce on grounds of mental cruelty
4) seek sole custody of children
1. He should file a FIR for attempt to murder immediately against her. If police does not lodge it then get it lodged by taking recourse to 156(3) Cr.P.C.
2. If DV and 498A are filed then they have to be contested on merits. Apply for anticipatory bail if 498A is lodged.
3. Your cousin is also free to file a petition for dissolution of marriage on the ground of physical cruelty.
The best recourse for this guy is to apply for a divorce on the ground of cruelty.
It is a settled law that the repeated attempts by wife to commit suicide amounts to extreme cruelty.
He should immediately file a case and seek divorce on grounds of mental illness. She is suffering from borderline personality disorder.
Regards
He can file attempt to kill and attempt to suicide case against her. And deny 498a as a false case.
Well, your cousin should have left his wife long back.
Life is most precious and it is bounden duty to save ones life at any cost first and then think of charity for others.
So your cousin without any further delay should keep his children with him and fie divorce suit.
The cases filed by his wife would fall flat on its face under its own weight of falsity.
He can file a contested divorce first. Then he can contest the other cases if filed against her. If any FIR is filed then he should first take Anticipatory bail
- She is a police constable with BSF, it means she knows the law very well compare than other. She knows that she cannot play with the law , after taking the legal machinery into her hand.
- On the basis of hospital records , your cousin should lodge his complaint with the police and higher official, otherwise , tomorrow , she will blame him for all the offences and incitement.
- If, no response , then he should file a petition before the magisterate for lodging an FIR against her.
- Further, this offences are a good ground for claiming divorce from her.
1. no option except to start the litigation,
2. start with a police complaint against her for causing suicidal attempt and attempt to kill the husband,
3. also file a divorce case on the basis of mental cruelty (suicide attempt, false complaint 498a, accusation of impotency, etc)
He must had file FIR against her for attempt to murder. Ample medical evidence.
Such women should not be allowed open. Constant threat.
Immediately file complaint with police for attempt to murder and attempting to commit suicide.
Collect all relevant documents and medical reports file for divorce.
Yes he should file a case against her for attempt to murder and attempt to suicide.
It is necessary to keep her away from family because she is dangerous for family and herself.
he can file divorce on the ground of mental creulty and also he can also file complaint against her wife for attempt to murder.
What are the Sections to be included in filing the case?
Section 307 IPC deals with attempt to murder
Section 307 IPC.
Section 307 IPC.
See FIR under 307, 309 506 ipc and other relevant provision of Indian penal code shall be filed.
Section 13 of Hindu marriage Act if you are a hindu and your marriage was solemnised under the said Act.
Sec 307 IPC.
307 & 309 of IPC.
You just file complaint before the concerned police bringing to their knowledge about your problem / harassment meted out to you, the inclusion of provisions is their domain.
Yes he should file the case in the police station and also file a case of divorce on the ground of mental cruelty
A case of attempt to murder will be filed along with other sections.
You are not required to mention sections in the FIR. Just write the facts of the case and thereafter the police will apply the sections.
Regards
If she is threatening to file cases against him then she should be booked under attempt to murder. You should lodge a complaint stating that she intended to murder you and now is filing false cases in irder to save herself.
attempt to murder section 307 of ipc.
307,309,511 IPC.
Since he has suffered a lot and also as there are more risks for his life and to that of his children, he should first lodge a criminal complaint against her on this with evidences about her suicidal tendencies too.
After that he can refer to a psychiatrist and get her treated, if that is not possible i.e., if she is not cooperating then he can ask her father to take her home, get her treated and bring her back.
You dont have to include any sections, the police will take care of all those sections as per the crime, you may have to narrate the incidents and the crime committed by her.
Dear Sir,
It is better to get registered a criminal case against the wife as she attempted for suicide and in the meanwhile approach High Court for getting stay for all other pending cases basing upon history of the wife.
Dear Sir,
File a case of attempt to murder.
The Indian Penal Code, 1860 (Act No. 45 of 1860) Section 307 defines the offence of “attempt to murder” as “Whoever dose any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description.
The offence of attempt to murder is considered almost as serious as committing murder, however, the only dissimilarity that exists between the two is the fact that murder takes place where the act of the accused has caused the death of the victim, whereas, attempt to murder is a failed attempt to cause the death of the victim. The essentials to prove an offence under section 307 of the Indian Penal Code are:
