A three-year old boy has been heard crying as his father allegedly murdered his mum.

The initial investigation was the car accident.

A 36-year old male dead from a head on collision on a Melbourne road in the early hours of Sunday morning.

Police were called to the head on and found the driver of the car dead.

When they went to the home of the dead man, Sunil Beniwal, which he shared with two other adult relatives, they never expected to find this.

His estranged wife, Shikha Godara Beniwal also dead. Their three-year old son asleep in his bed.

Tragically it has now been reported that Shikha Beniwal had taken out an intervention order against her husband that expired just four days earlier.

Her estranged husband, Sunil Beniwal, is understood to have killed Shikha before deliberately driving his car into a truck in the early hours of Sunday morning.

The couple’s three-year-old son was in the house at the time of the suspected murder and was heard crying overnight by a neighbour.

News Limited report that one housemate said he was under the impression the couple, from New Delhi, were trying to resurrect their marriage.

Police told News Limited there was an intervention order taken out in 2012.

One of the tenants, Jackson Kelly whose older brother, James Negri, rented a room in Sunil Beniwal’s house told the media that on Saturday night he heard noises coming from a bedroom, but thought the couple were having sex.

The Age reports that Mr Kelly said his brother heard the sounds of a woman moaning, along with a little boy crying.

He said he believed the couple were divorced but that Mrs Beniwal visited the house often with their son.

“They had just come back from India. I thought they were trying to work it out,” he said.

It was not until the next morning when police knocked on the door he realised that Shikha Beniwal was dead.

It is understood that her ex-husband Sunil had died just after 4am when his car veered into an oncoming truck on Hopkins Road.

Homicide Detective Sergeant Paul Tremain told The Age that police were aware of a history of domestic violence.

“There was an intervention order taken out in 2012 which expired four days ago,” Detective Sergeant Tremain said.

“These are just shocking circumstances of two people who couldn’t work out their differences and it’s ended in a tragedy like this,” he said.

The other victim in this – the truck driver that Sunil Beniwal drove into – a father of four  – suffered minor injuries.

Police are now preparing a reports for the coroner and the couple’s three-year old son has been taken into care.

It is this three-year old boy, now growing up without his mother or father, who will pay the ultimate price for this terrible chain of events.

If you need help:

Lifeline: 13 11 14 www.lifeline.org.au

White Ribbon www.whiteribbon.org.au

National Domestic Assault Family Violence Counseling Service  www.1800respect.org.au  1800 737 723