• Wife attempt to Murder

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...
Asked 13 days ago in Family Law from Kurnool, Andhra Pradesh
Religion: Hindu

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.

Shubham Jhajharia
Advocate, Ahmedabad
20174 Answers
80 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
68050 Answers
4107 Consultations

5.0 on 5.0

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.

 

Ashish Davessar
Advocate, Jaipur
26507 Answers
791 Consultations

5.0 on 5.0

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. 

Vibhanshu Srivastava
Advocate, New Delhi
8706 Answers
142 Consultations

5.0 on 5.0

He should immediately file a case and seek divorce on grounds of mental illness. She is suffering from borderline personality disorder.

Regards 

Rahul Mishra
Advocate, Lucknow
4718 Answers
11 Consultations

5.0 on 5.0

He can file attempt to kill and attempt to suicide case against her. And deny 498a as a false case.

Ganesh Kadam
Advocate, Pune
7969 Answers
68 Consultations

4.9 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
17952 Answers
255 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
13722 Answers
23 Consultations

4.6 on 5.0

- 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. 

 

Mohammed Shahzad
Advocate, Delhi
766 Answers
18 Consultations

5.0 on 5.0

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)

Suneel Moudgil
Advocate, Panipat
1187 Answers
1 Consultation

4.3 on 5.0

He must had file FIR against her for attempt to murder. Ample medical evidence.

Such women should not be allowed open. Constant threat.

 

Yogendra Singh Rajawat
Advocate, Jaipur
13933 Answers
18 Consultations

4.6 on 5.0

Immediately file complaint with police for attempt to murder and attempting to commit suicide.

Collect all relevant documents and medical reports file for divorce.

 

S Srinivasa Prasad
Advocate, Hyderabad
885 Answers
6 Consultations

5.0 on 5.0

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.

Mohit Kapoor
Advocate, Rohtak
4213 Answers
1 Consultation

5.0 on 5.0

he can file divorce on the ground of mental creulty and also he can also file complaint against her wife for attempt to murder. 

Mohammed Mujeeb
Advocate, Hyderabad
10974 Answers
4 Consultations

4.5 on 5.0

Section 307 IPC deals with attempt to murder 

Ajay Sethi
Advocate, Mumbai
68050 Answers
4107 Consultations

5.0 on 5.0

Section 307 IPC.


Section 307 IPC.

Ashish Davessar
Advocate, Jaipur
26507 Answers
791 Consultations

5.0 on 5.0

Section 307 in The Indian Penal Code

307. Attempt to murder.—Whoever does 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 for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to 1[imprisonment for life], or to such punishment as is hereinbefore mentioned. Attempts by life convicts.—2[When any person offending under this section is under sentence of 1[imprisonment for life], he may, if hurt is caused, be punished with death.] 

 

Section 309 in The Indian Penal Code

309. Attempt to commit suicide.—Whoever attempts to commit suicide and does any act towards the commission of such offence, shall he punished with simple imprisonment for a term which may extend to one year 1[or with fine, or with both].

Ganesh Kadam
Advocate, Pune
7969 Answers
68 Consultations

4.9 on 5.0

See FIR under 307, 309 506 ipc and other relevant provision of Indian penal code shall be filed.

Shubham Jhajharia
Advocate, Ahmedabad
20174 Answers
80 Consultations

5.0 on 5.0

Section 13 of Hindu marriage Act if you are a hindu and your marriage was solemnised under the said Act. 

Prashant Nayak
Advocate, Mumbai
13722 Answers
23 Consultations

4.6 on 5.0

Sec 307 IPC.

Yogendra Singh Rajawat
Advocate, Jaipur
13933 Answers
18 Consultations

4.6 on 5.0

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.

S Srinivasa Prasad
Advocate, Hyderabad
885 Answers
6 Consultations

5.0 on 5.0

Yes he should file the case in the police station and also file a case of divorce on the ground of mental cruelty 

Anilesh Tewari
Advocate, New Delhi
17180 Answers
265 Consultations

5.0 on 5.0

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 

Anilesh Tewari
Advocate, New Delhi
17180 Answers
265 Consultations

5.0 on 5.0

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.

Rahul Mishra
Advocate, Lucknow
4718 Answers
11 Consultations

5.0 on 5.0

attempt to murder section 307 of ipc. 

Mohammed Mujeeb
Advocate, Hyderabad
10974 Answers
4 Consultations

4.5 on 5.0

307,309,511 IPC. 

Mohit Kapoor
Advocate, Rohtak
4213 Answers
1 Consultation

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
57736 Answers
729 Consultations

5.0 on 5.0

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.

 

T Kalaiselvan
Advocate, Vellore
57736 Answers
729 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there are clear cases against her under IPC for attempt to murder and attempt to suicide, but you are little more worried about the cases which she had filed earlier and the impact of those cases on the present one, if he happens to proceed.
  2. I would like to tell you that there is no law which can restrict you to file any criminal offence on someone for a reason that the person has already filed some other cases against you.
  3. Every case is treated and adjudicated at its own merits, but definitely not on the presumption of its being false due to the history of prior cases.

Sanjay Baniwal
Advocate, South Delhi
4923 Answers
11 Consultations

5.0 on 5.0

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. 

Kishan Dutt Kalaskar
Advocate, Bangalore
4580 Answers
125 Consultations

5.0 on 5.0

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:
 

Netravathi Kalaskar
Advocate, Bengaluru
3516 Answers
17 Consultations

5.0 on 5.0

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