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Went to JC along with my parent . Bail got in 19 days am (Hindu) hearing is in magistrate court.IAm
07-Mar-2023 (In Criminal Law)
Went to JC along with my parent . Bail got in 19 days am (Hindu) hearing is in magistrate court.IAm innocent in this case ,my wife suicide by hanging,she had some mental issue means tendency's to hang . I have one girl child she is with opposite party custody.How can I proceed this case in court with my Advocate
Dear Sir,
You are lucky because Section 306 IPC that is offence regarding abatement to suicide is not added in the FIR. Now you can challenge the said FIR or file discharge application before Trial Court if charge sheet is filed. You can also file child custody case and get the child. If you able to establish that your wife had suicide tendency due to mental issues then entire case against all of you will be quashed by the High Court under Section 482 of CrPC. It is better for you to take opinion of legal expert apart from opinion from trial advocate.
You are lucky because Section 306 IPC that is offence regarding abatement to suicide is not added in the FIR. Now you can challenge the said FIR or file discharge application before Trial Court if charge sheet is filed. You can also file child custody case and get the child. If you able to establish that your wife had suicide tendency due to mental issues then entire case against all of you will be quashed by the High Court under Section 482 of CrPC. It is better for you to take opinion of legal expert apart from opinion from trial advocate.
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Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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I believe the case is at investigation stage. And you have to wait till the police files chargeseet. If you believe the case is false and she had mental issues you can approach High Court under 482 of CrPC and get it quashed the entire case. However the HC will only quash if the complaint is completely basesless. And you also required to annexe documents relating to her mental health.
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Adv. Jamal Sait
Bangalore | 400+ Answers
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Hi. after getting summons from the court you and your family members have to appear before the court and have to file vakakath before the court . After your appearance charge will be framed against you and evidence will start.
Thank you
Thank you
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Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
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