For family’s sake, SC saves man from going to jail; stabbed wife in neck, flung 3-year-old child from first floor

NEW DELHI: In a poignant reflection of women’s status in many marriages and the fear of ignominy and destitution that a divorce evokes, a wife, despite having been stabbed in the neck and having her child flung from the first floor by the husband, agreed to patch up with her spouse to save him from going to jail.

The man from Himachal Pradesh wounded his wife with a knife and flung their three-year-old son from the first floor, leaving him seriously injured. He was chargesheeted for attempt to murder and other offences under IPC. The wife had also filed for divorce and sought maintenance.

Facing incarceration for the grave offence, the man approached his wife, showed repentance and persuaded her to settle for a compromise, following which she withdrew the divorce petition. Soon, the man moved the Himachal high court for the quashing of charges on the ground that the couple were now living together peacefully. The HC refused to quash the charges, terming them grave in nature.

Advocate Sukumar Pattajoshi, appearing for the man, pleaded Wednesday with an SC bench of Justices Dipankar Datta and S C Sharma, citing the the welfare of the young couple, who got married in 2020, and said the compromise was reached through the elder’s intervention.

The state counsel opposed the plea, but the bench said, “No doubt it is a grave offence, but the couple’s wishes to stay together and give their married life a fresh chance should be respected. Sending the man to jail would not be in the interest of the family.”

It issued a stern warning and asked him to give a written undertaking that he would take good care of his wife and child and not do anything detrimental to their interests and safety. Pattajoshi said he had agreed to appear for the man only after he gave an undertaking to that effect.

Adding a caveat that it was quashing the criminal charges given the peculiar facts and circumstances of the case,it accepted the man’s written undertaking for amiable behaviour towards his wife and child and warned him of drastic consequences if he breached the undertaking.

“If you do anything to the wife and child, you will be sent to jail straight away. Since Supreme Court will be sending you to jail, no court in the country will grant you bail,” the bench told the man who was present in court.

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