Convict’s wife files for divorce

Legal experts view this as an attempt to delay hanging

Punita Devi, wife of Nirbhaya rape convict Akshay Kumar Singh has filed a petition in a family court seeking a divorce from her husband who is slated to be hanged on March 20.

The matter will come up for hearing on March 19, a day before Akshay Kumar Singh along with other convicts is to be hanged.

In a petition to the court, she has pleaded that “I believe that my husband is innocent but he has been held guilty in a rape case. The court has awarded death sentence and he is to be hanged on March 20. Since I don’t want to live the life of a widow I want a divorce from him.”

Punita has been living with her in-laws at Akshay Kumar Singh’s ancestral home in Bihar’s Aurangabad district.

According to lawyer Mukesh Kumar Singh who is representing Punita Devi, the petition has been filed as per the provision under section 13(2) in the Hindu Marriage Act where the wife can seek divorce from her husband under special circumstances.

“The wife has the legal right to apply for divorce in special cases under the Hindu Marriage Act 13(2), which also includes rape cases. According to the law, if a woman’s husband is convicted in a rape case, she can seek divorce. In this case, the wife of a rape convict has filed a petition for divorce before his hanging as she doesn’t want to live as a widow”, petitioner’s lawyer Mukesh Kumar Singh told reporters.

Akshay and other convicts are scheduled to be hanged on March 20 at 5.30 am for the gruesome rape and murder of a 23-year-old paramedical student who was later dubbed as Nirbhaya.

After three postponements of death warrants, the trial court on March 5 set the date of hanging at Tihar jail on March 20.

The fresh dates were issued after the convicts exhausted all available legal remedies including the curative and mercy petitions. Legal experts are of the view that the petition for divorce filed by Akshay Kumar Singh’s wife could be an attempt to further delay the scheduled hanging.

Meanwhile, Akshay Kumar has filed a second mercy petition before President Ram Nath Kovind just three days before his scheduled hanging on March 20.

Officials at Tihar Jail, where the hanging is scheduled to take place, said Kumar filed the petition addressed to the President on Tuesday evening.

“This plea will also be forwarded to the ministry of home affairs through the Delhi government,” they said.