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Author Topic: Booked Under IPC 304 by Husband for his father's death  (Read 1367 times)

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Offline seekingjustice

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Booked Under IPC 304 by Husband for his father's death
« on: July 01, 2015, 10:52:28 PM »
I got married in 2011 though it was a troubled marriage right from the beginning but was trying hard to save at any cost. My husband was working outside India so I too was staying with him. He was quite unhappy with me as he had some affair which could not get success I don’t know why. Mine was an arranged marriage, prpbably he was not ready for relationship. And every now and then abusing, foul language for me and my family. No respect, no love, I just allowed him actually to cause all the pain and agony and did not take any action. His father was the only person in family who had a say. All used to obey him blindly. Very dominating kind esp to women . I came to India to my parents’ home several times after quarrels then I went back. Now my son had born in 2013. For whole pregnancy and even after baby birth untill eight months , I brought up my kid alone with no financial support from my husband. Somehow when I again went out of India to stay with him taking along my kid, things had worsened. He had become more abusive, more intimidating. He even cursed my kid, threatened me to divorce me after snatching my kid from me etc…So I came back to India with my kid for baby’s safety and happiness. I , with my parents, went to meet his father and tell that how and why I have returned. But he refused to help and keep me in his home.there was argument between both the families. However, we came back hopelessly knowing nothing what to do next. After 5 days this incident , we got the information that his father had died of heart attack. After 15 more days, they had lodged a complaint against me, both my parents, both my siblings under section 304 that we were responsible for his father’s death due to mental andn emotional torture. Also in the FIR , there were imaginary stories that we had threatened them a lot to kill etc.. Which actually nothing happened, as we were still very helpless and my siblings obviously were not present dre. But as the argument took place outside the house, so few colony neighbours were also seeing from balconies. they also filed a divorce case simultaneously. After the FIR lodged, we were harassed by police , consulted few lawyers , and were told that we could not get bail without arrest. So through a series of events, a compromise was made only after we had to bribe the police ,where my husband family said, that they will withdraw the 304 case if I sign on mutual divorce accepting their terms and conditions… A settlement was made, where I returned all the gold jewellery , he returned what my parents gifted him in marriage, he refused to pay for any maintenance for My kid. And paid a nominal amount of against stree dhan .. First motion has already been done in 2014. Second was due after six months in 2015. But due to absence of judge in court, it has not occurred. Meanwhile IO has sent his Final report to court in this 304 case where he mentioned that we (accused) are faultless . Police dis so as they were bribed by both parties. My husband side not attending the court dates for the dismissal of this case. Now my query is upcoming date is in july which we heard is same for both the cases.
1 if I sign on divorce first, then there is great chances that he still wont withdraw 304 case.
2 he definitely wont sign first as he planned everything accordingly so that later if I claim, then he does not have to pay for maintenance or any other case whatsoever.
3 as it was written in settlement that both will sign divorce, and both will not do any legal case against each other, so what can I do now…?
4 as police has put FR, but can the other party still complain against this FR?
5 will this 304 case even after FR , still be quashed only by High Court?
6  I consulted a lawyer , he said u have lost already all your rights but even if you sign divorce first, then definitely he is not going to close this 304 case. U will be facing trials. So suggested me to actually fight, which we avoided taking into consideration my father’s govt job, my siblings career everything.
7 I do not want any money for myself really, but can I still ask for my child support as it is his right, and I don’t want my kid to be deprived of his right. Pl suggest, I am sorry for the long post…Ur views/suggestions are really needed at this moment.
 Seeking Justice, Thanks a lot

Offline advocate.kapilc

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Re: Booked Under IPC 304 by Husband for his father's death
« Reply #1 on: July 05, 2015, 12:26:48 AM »
Mam,

Answer to all your questions would depend upon the settlement deed entered into between you and your husband.

Kindly share the same at advocate.kapilc@gmail.com.

Warm Regards
Kapil Chandna Advocate
9899011450

 

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