Wife committed suicide when I was abroad from last one year. My wife has an extra marital relation with her school time boyfriend. He used to come to our home and he was introduced as her cousin. No inquiry was made towards the reality of that relationship. That person used to stay at our home. He was very sincere and never acted in a matter which may cause some doubt about the relationship. No one in my family ever suspected about their relationship. When I joined my job at the merchant ship, my wife became very eager to pronounce talaq. I was shocked to hear her demand. but kept silent and tried to settle the matter with mutual consent.
After some time, that man also called me several times and requested to end the marital relationship. He shared several intimate photographs and videos. But those seem morphed, in the month of August my wife committed suicide in my house. No suicide note has been recovered from the room. After a week that person also committed suicide. Now the police have registered an FIR under Section 80/108/61(2) BNS. What to do in this situation?
Asked from: Uttar Pradesh
You have sufficient evidence to prove that the deceased had an extramarital relationship with a person who also committed suicide after her. You have evidence to establish that your wife was demanding a divorce to marry her paramour. Her paramour used to visit and stay at your home under the pretext of being her cousin.
There was no demand for dowry, nor were any threats or acts of cruelty committed by you or any of your family members concerning dowry. Additionally, there was no immediate provocation or inducement from your side that led to her suicide. The motive behind the suicide is clear: your wife and that person were in a love affair and had planned to marry. This plan was revealed when your wife demanded talaq.
You have been living abroad for more than a year, and no suicide note was found at the place of occurrence. All these facts prima facie establish that the suicide was neither abetted nor a dowry-related death. Therefore, no offence under Sections 80 and 108 BNS is made out against you.
Your wife committed suicide while you were living abroad. In this situation, you should file a petition in the High Court under Section 528 of the BNSS for quashing the FIR. There are sufficient grounds for quashing the FIR because the allegations are vague, and the essential ingredients of the offense are missing, as established in Bhajan Lal’s case. If the FIR is not quashed, the High Court may still grant you protection from arrest. For more legal help please visit Kanoon India.
Related: Dowry death does not made out if the death is natural
