All HC | Biggest jolt for any married woman that her husband is being shared by some other lady or he is going to marry some other lady: Court dismisses discharge application of husband accused of abetting suicide of wife

Allahabad High Court: Rahul Chaturvedi, J., noted that a lady soon after coming to know that her husband got married in clandestine way with some other lady, committed suicide.

The deceased during her lifetime, lodged an FIR against the husband and all his family members under Sections 323, 494, 504, 506, 379 of the Penal Code, 1860 with the allegation that her husband was already married with some other lady and having two children from her and without divorcing her, rather without disclosing the said fact, he got married with the deceased.

Further, after enticing the informant, who was married lady again solemnized marriage with the consent of both.

The family members after getting to know the above-stated started misbehaving, torturing and abusing her and made her life miserable, the atrocities crossed all the limits when her husband under the pressure of his family members virtually deserted her and kept a new lady.

After lodging the FIR, the deceased consumed some poisonous substance on the same day.

In view of the above circumstances, the deceased took the extreme step by consuming some poisonous substance and committed suicide.

Analysis and Decision

In the present matter, the husband of the deceased was going to marry third time.

High Court opined that the FIR for all the practical purposes could be considered as her dying declaration as the deceased herself was the author of the FIR. After lodging the FIR, she committed suicide just the next day after its lodging.

“No Indian lady is ready to share her husband at any cost. They are literally possessive about their husband.” 

“It would be biggest jolt for any married woman that her husband is being shared by some other lady or he is going to marry some other lady.”

In view of the above, Bench stated that it would be impossible to expect any sanity from them.

High Court found the husband to be the main culprit, and to be tried for the offence under Section 306 IPC.

Bench directed the trial Court to frame the charge as early as possible and initiate the trial of the accused persons. [Sushil Kumar v. State of U.P., 2022 SCC OnLine All 279, decided on 7-4-2022]


Advocates before the Court:

Counsel for Revisionist :- Shailesh Kumar Tripathi

Counsel for Opposite Party :- G.A.

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