Atul Subhash Suicide Case: Can Cops Prove Abetment By Wife? | Adv Amish Aggarwala Explains

The tragic death of Atul Subash in Bengaluru has ignited discussions around the misuse of legal provisions, systemic corruption, and the societal pressures faced by men, especially in contentious divorce or separation cases. Advocate-on-record at the Supreme Court, Amish Agarwal, shed light on the legal and procedural challenges involved in the case during an exclusive interview.

Adv. Amish Agarwal Highlights Key Issues

1. Abetment to Suicide Allegations:
Subash’s wife, Nikita Singh, and her family face charges of abetment to suicide. However, Agarwal highlighted the difficulty in securing a conviction under this charge.

According to Supreme Court rulings, filing legal cases—regardless of their merit—can’t constitute abetment to suicide unless proven as malicious intent or harassment.

Evidence such as Subash’s dying declaration and testimony from family members about extortion and instigation will be critical in court.

2. Pending Cases Against Subash:
Subash’s death does not automatically dismiss the cases filed against him. However, Agarwal noted that the complainant may face challenges in pursuing these cases due to public scrutiny and the ongoing legal proceedings against her.

The potential claim for maintenance and inheritance for the couple’s minor son could further complicate the legal battles.

3. Custody of the Child:
Subash’s parents seek custody of their four-year-old grandson. However, Agarwal emphasized that custody decisions are unlikely to be influenced solely by criminal allegations against the mother unless her unfitness as a parent is proven.

Broader Legal and Social Concerns

1. Misuse of Legal Provisions:
Agarwal pointed out a growing trend of false allegations in matrimonial disputes, including domestic violence and dowry harassment cases.

He emphasized the need for stricter penalties against false accusers and errant legal professionals who encourage such actions.

2. Judicial System Challenges:
Despite advancements, India’s judiciary often dismisses evidence provided by husbands in such cases, leading to prolonged trials and emotional distress.

Agarwal further argued for faster dismissal of cases where concrete evidence disproves allegations and punitive measures for malicious accusations.

3. Supreme Court Observations:
Recent judgments have flagged the misuse of laws like Section 498A of the IPC, underscoring the need for judicial restraint in allowing baseless cases. However, Agarwal expressed skepticism about long-term change, citing systemic biases.

The Atul Subash case has brought national attention to the complexities of matrimonial disputes and the judicial system’s limitations. While advocates like Agarwal propose actionable reforms, including accountability for false allegations and misuse of legal provisions, the path to achieving equitable justice remains arduous.

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