What you will do, if your
wife/live-in partner threatens you to commit Suicide or even attempt for
suicide?
Sometime, wife /live-in
partner use Suicide as a tool to fulfill her unwanted needs
and desires, and may be due to dowry demand by the husband or his family
members.
Be alert, if your
wife/live-in partner even try to commit suicide or after committing suicide,
she leaves a suicide note , then you can be booked by the police under section
306 IPC for abetting her to commit suicide.
Section 306 of IPC
defines the abetment of suicide, if any person commits suicide, whoever abets
the commission of such suicide, shall be punished with imprisonment which may
extend upto 10 years and shall also be liable to fine.
Further, if she does not
leaves any suicide note , but there is also possibility that her family members
in their statement give your name as the cause of her suicide and blame for
dowry demand , then also you can be prosecuted under the Section 304B
of IPC( Dowry death).
Legal Solutions, if wife/
live-in partner threats for committing suicide:
👩If
wife/ live-in partner threatening to commit suicide due to suffering from some
diseases/medical stress , then you should consult with the medical
counselor and take medical reports for keeping as a record in need.
👩If her
threats are due to some other reasons which she doesn’t want to disclose to
you, then inform her parents and also make her attend counseling.
👩If she
is using Suicide as a tool to fulfill her unwanted needs and appetency then
after collecting the evidences, lodge a complaint as information to the police
and higher police official after narrating that you are facing hardship as your
wife/ live-in partner is having suicidal tendencies and usually threaten to
commit suicide, and in case of happens you and your family members will not be
responsible.
There are many judgments
where Court of law declared that a suicide note alone is not proof enough to
charge someone with abetting a suicide. Some of the judgments are given below:
Bombay High Court in the
matter of Gulab Versus The State of Maharashtra & others, Criminal Writ
Petition No.164/2018, judgment on 30.01.2019 held that, “mere
mention of a person’s name in a suicide note does not by itself prove that the
person is guilty of Abetment of Suicide”.
Similarly, the Madras
High Court in the matter of Manikandan Versus State, Criminal Appeal No. 142 of
2016, on 16.06.2016 held that , “ Court should not solely rely
upon suicidal notes to jump to the conclusion that people named in the notes
must by guilty of the offense of abetment of suicide, and further held that if
a lover commits suicide due to love failure , if a student commits suicide
because of his poor performance in the examination , a client commits suicide
because his case is dismissed , then the lady , examiner , lawyer cannot be
held to have abetted the commission of suicide”.
👩If wife
or live-in partner is threatening to commit suicide with the intent to harm you
& your reputation and forcing you to do the act which you legally not bound
to do, then such threats are against the law and is called criminal
intimidation, and hence you can file a case of Criminal Intimidation against
her.
If she tries to attempt
suicide or regularly giving threats to commit suicide then you can take divorce
from her, because regular threats to commit suicide amounts to cruelty and a
ground for divorce.
Supreme Court of India,
in the matter of Narendra Versus K.Meena, (2016)9 SSC 455 declared that, “Repeated
attempts by wife to commit suicide amounts to extreme cruelty on husband and
granted divorce”.
Delhi High Court in the
matter of Smt. Kusum Versus Gurchanran Singh, judgment passed on 15 .11.2016
also declared that "Repeated attempts by wife to commit
suicide amounts to extreme cruelty and granted divorce", and said
that “ No husband would ever be comfortable with or tolerate
such an act by his wife and if the wife succeeds in committing suicide , then
one can imagine how a poor husband would get entangled into the clutches of
law, which would virtually ruin his sanity , peace of mind , career and
probably his entire life. The mere idea with regard to facing legal
consequences would put a husband under tremendous stress. The thought itself is
distressing and hence this one event is sufficient for husband to get a Decree
of Divorce on the ground of cruelty".
However, A threat or an attempt to commit suicide is punishable offence under Section 309 of IPC, and this Section reads that “Whoever attempts to commit suicide and does any act towards the commission of such offence , shall be punished with imprisonment for a term which may extend to one year or with fine or with both”.
Post a Comment