Her struggle, which began after her husband remarried, continued for 7 years, entangled between the courts, society, and state agencies.
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A woman who had been knocking on the court's door for 7 years has been forced to commit suicide after writing a status on social media Facebook, saying that she had not received justice.
This is the tragedy of 38-year-old Janaki Dhamala of Kalekanda, Panchadeval Binayak Municipality-9, Achham. She had been knocking on the door of justice for 7 years by constantly reaching the police and courts. Before the incident, Janaki had also written a long status on social media about the torture she had suffered. She wrote in the status, ‘I had gone to live with my in-laws. My in-laws brought me here saying that I was your responsibility. … There was no law for me. There was no one.’ She wrote that she ended her life unable to bear the burden of continuous rejection, social exclusion and mental fatigue from her family.
Janaki has expressed her frustration with the injustice, beatings and humiliation she had to endure, the pain of being separated from her children and the law. On her daughter’s birthday, she had only wanted to catch a glimpse of her as a mother. But she left the earth without being able to fulfill that desire.
Her husband Chandra Dhamala was living in India for employment. Janaki found out about his second marriage in India 7 years ago. After receiving the news that her husband had married again without her knowledge, she reached the district headquarters Mangalsen. Her struggle, which began after her husband married for the second time, continued for 7 years between the court, society and state bodies. She kept going to the ward office, local judicial committee, district police office, district court and high court.
According to Janaki's brother, Satyaraj Timilsena, ward chairman of Kamalbazar Municipality-5, about three years ago, a case related to polygamy was registered in the Achham District Court. The court ruled against Janaki, considering that there was insufficient evidence. Uncle Satyaraj said that his morale was weakening with this decision.
‘On the contrary, questions started to arise in society about her. Janaki’s family members accused her of breaking the house and going to the court to hurt her husband,’ he said. ‘She always told her family that she was mentally stressed, saying that whatever her son did, the daughter-in-law should bear it silently.’
After learning that her husband had committed polygamy 7 years ago, she had approached the police and the court. ‘We were also supporting her from the family side. It is not good for a married daughter to stay with her family for too long. She wanted to stay in her husband’s house because it would dishonor her family,’ Satyaraj said. ‘Her husband lives in India and would come and beat her occasionally. She used to tell her family that she was physically and mentally tortured by her family.’
While she was suffering, her family, relatives and local public representatives also stood by her husband. The then ward chairman Ram Bahadur Shahi admitted that he had told the police that his husband had not remarried.
‘We should not litigate the issue of the house. I said that it should be settled in the village.’ At that time, it seems that Chandra (Janaki’s husband) had not remarried. I was just trying to settle the matter so that the matter would not go to court,’ he said.
Janaki, on the other hand, was not seeking justice, but was accused of being a woman who ‘destroyed the house’. Not only because of the court’s decision, but also because of the society’s behavior, she became lonely. Janaki has 2 sons and 1 daughter. After the court’s decision, her husband and family did not allow their children to come in contact with Janaki. She became even more lonely.
The High Court overturned the district court’s decision and ruled that polygamy had occurred. Her husband Chandra and his younger wife were sentenced to one year in prison. Using Section 155 of the Criminal Procedure Code-2074, the husband was released from jail without serving a sentence. The sentence was considered legally completed. But from that day on, Janaki's life became more unsafe.
Due to constant family pressure, threats and boycott, Janaki had started living as a victim in the safe house in Mangalsen many times. While living in the safe house, she also learned sewing. She was also given psychological counseling from the safe house. Due to lack of support from her close relatives and society, she had to live under the temporary protection of the state.
According to the safe house Mangalsen, she was also given psychological counseling to boost her morale. But the complete behavior of her family and society weakened her physical and mental condition. At that time, she was even kept away from her children. That further traumatized her.
After the High Court verdict, her husband, who was released from jail, filed a divorce case. Janaki, who had a love marriage, was not in favor of divorce. Instead, she was looking for her husband's love and family support.
But her husband had nothing to do with her and instead filed a divorce case, said Janaki's uncle Satyaraj.
'She was prevented from meeting her children. She was practically deprived of her mother's role.' This situation became the biggest blow for Janaki, who was seeking justice,' said uncle Satyaraj. 'She thought that divorcing would dishonor her family. She was looking for her husband's support in the same village. She probably could not bear the divorce case. It is still pending in the court.'
According to him, Janaki's body has been kept in the district hospital. He said that a complaint was filed at the District Police Office on Tuesday against abetment to suicide.
‘Her husband is in India.’ We have taken a stand not to exhume the body until the culprit comes forward,’ he said.
