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SMy uncle got arrested. He has been married since April 2017. His marriage has been troubled from the beginning. Last February, his wife attended a function where she met her ex-boyfriend and has since maintained contact with him. My uncle caught her talking to him (there are numerous call records). When he confronted her, they had a fight, and she consumed poison. She was admitted to the hospital and passed away in March. While she was in the hospital, the police took a statement from her in which she falsely accused her husband of harassment. Yesterday, they arrested him and took him to the police station.
What’s going to happen now? Please let us know how we should proceed.We’ve hired a lawyer immediately for anticipatory bail, it was of no help, he just gave reasons like public holidays and all.
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ENot really
She was just talking. Things should have been handled properly.
Someone comitted sucide, and given statement before death that her husband harassed her so much that sucide was the only option.
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SI can understand where you’re coming from. Honestly, I only know about the issue from my uncle’s point of view—they live in a neighboring state. Like you, I was initially skeptical about the whole situation. They had fights, just like any married couple.
However, a few days ago, he forwarded us a recording that he had secretly made while confronting his wife after catching her in something. In the recording, she said:
“I was forced into this marriage. I had asked my parents to let me marry my lover, but my father refused because he wasn’t from our caste. He said if I didn’t marry you, he would kill himself. I truly loved my ex, not you. I never loved you, and I never will.”
The recording went on in that tone.
Also, it’s important to note that she has always been suicidal. Whenever there was a fight, her immediate reaction was to harm herself. She attempted the same this time as well—but unfortunately, it went too far.
This is all the information I know, which I’ve heard from my family members.
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EIt will be termed as hearsay. The recording should be of some help but won’t be enough. As for your family members, saying things outside court and giving statement in the court are two different things. Hope they give statement.
If this was the case then your lawyer should have taken her previous sucide attempts as a way to show.
Anyway this is sort of gone case, a good lawyer will help your uncle out.
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ENAL
Suicide is never the only option. There are so many things that she could have done. Filed for divorce, filed harassment suit etc. Sorry, but her death was her decision and noone should be forced to bear the consequences of a decision someone else made about their own life and problems.
Now, the biggest problem in this case would be the dying declaration. Your uncle would have to prove to the court that – a) there was no harassment b) she was already suicidal or had mental health issues c) that she was not happy for other reasons. Hire a good lawyer, one who is good at technical stuff.-
EBut for her at that moment that was the only option.
You are having a casual attitude for someone’s death.
You don’t need to put yourself in place of uncles shoes but need to see it from a third person perspective.
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EBrother, I am looking at it purely from a rational and legalistic point of view. Look at SC judgements on what constitutes abetment. It’s not that someone say s I’m dying because of this person and you start running after that person now.
If I look at from a third person perspective, what would be more scary and concerning for me is that my life can become forfeit just because somebody else thinks that they cannot handle their own life and have decided to blame me for their decision to end it. Think of it when you next have an argument with your wife and how soon things can go out of control without you necessarily having committed any crime.
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ENot a lawyer
Given the information, your uncle is in the wrong as the heated argument led your aunt to commit sucide. Her dying declaration is very strong evidence against your uncle.
As for the lawyer you hired, there must be some other reason as citing public holiday as a reason for bail is not acceptable. Given the nature of the serious crime.
You should engage with a different lawyer, who specialised in sucide cases and their win ratio in it.
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I>Given the information, your uncle is in the wrong as the heated argument led your aunt to commit sucide. Her dying declaration is very strong evidence against your uncle.
Courts follow the general procedure that dying declaration is not the gospel of truth but has to be taken seriously because it is unlikely that the person would lie in it.
Reminds me of Atul Subash, where ex cji chandrachud, when asked about the case and the suicide note left by atul, said we must wait for investigation to complete.
Such hypocritical country we live in. Indeed, I come from 2 indias
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MIf they’ve arrested, they’ll have to present him to the magistrate within a day. 24 hours to be exact.
Find a criminal lawyer, not civil, not family, not anything but a criminal lawyer.
Find out the charges filed against him. Then the lawyer will present you with options..
Though there has been accusations of abuse and harassment, it’s now on your uncle to prove it.
Even for bail, it’ll take some time now.
But first things first, see what charges. Only then can you plan the next course of action. Keep all his devices safe. Keep all conversations secured and try to back up everything.
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