Kerala High Court allows bail to husband of law student who died by suicide

The Kerala High Court today allowed bail to Suhail, the husband of a 21-year-old LLB student, Mofiya Parveen, who died by suicide citing domestic abuse and dowry harassment.

In a note, Mofiya Parveen blamed her husband Suhail, his parents and the Circle Inspector of the Aluva police station. Justice Gopinath P said that since Suhail has spent more than 65 days in custody and the final report has been filed in the case, his continued detention was not necessary.

The accused (petitioners) claimed that the offences under Sections 304B and 306 of IPC would not be brought against them and that said sections were added to the First Information Report only after the de-facto complainant, Mofiya's father, gave a statement to the police.

The arguments went on that although the two had entered into marriage through a nikah, the subsequent ceremony of valeema was not conducted and that she had rarely lived at the husband's house. They also alleged that Suhail divorced Mofiya by pronouncing talaq after several rounds of mediation were purportedly held before their Mahallu Jama-ath.

Next, they said that the proximate cause of her suicide may be attributed to the police officer named in the suicide note but not to the accused husband or his parents.

This was vehemently countered on behalf of the de-facto complainant as well as by Additional Public Prosecutor P Narayanan.

They argued that the events leading up to her suicide made it clear that the accused played a significant role in pushing her to take the most drastic step including by way of meting out continued physical and mental cruelty, demanding dowry and defaming her reputation and character in public. The same was mentioned in the complaint filed by Mofiya before the police, the de-facto complainant pointed out.

The Court observed hat the deceased was driven to suicide merely on account of the continuous harassment both mental and physical at the hands of the petitioner.

"I am of the opinion that since the accused has been in custody for 65 days, he can be released on bail, subject to conditions," the court said in its order.

On January 4, 2021, the Court granted bail to the accused in-laws of Mofiya but had denied bail to Suhail on account of the serious allegations against him.

"While it would not be proper to indicate in detail the nature of the allegations raised against the first petitioner , it must be stated that the allegations are serious and those allegations, if proved correct would indicate that the deceased had been treated with utmost cruelty by the first petitioner," the Court had said while declining bail to Suhail.

Subsequently, he approached the Court with a fresh bail application which was vehemently opposed on behalf of the de-facto complainant (Mofiya's father) as well as by Additional Public Prosecutor P Narayanan.

The Suhail and his parents were arrested on November 24 last year, and a case registered against them under Sections 304B (dowry death), 498A (dowry harassment), 306 (abetment of suicide) and 34 (common intention) of the Indian Penal Code. While the maximum punishment for dowry death is life imprisonment, it is three years' jail term for dowry harassment and 10 years for abetment of suicide.

This case had created widespread national news and the officer was relieved of his charge and later suspended. However, a charge sheet submitted by the Crime Branch recently does not name him. 21-year-old Mofiya Parveen Dilshad hailed from Aluva, Kerala and was pursuing an LLB course at the time of her death.

She had previously approached the police with complaints in this regard but they were apparently disregarded with one police officer, who she named in the suicide note, summoning both families and reprimanding her.

The same night, Mofiya was found hanging in her room.