The Supreme Court has ruled that a husband's illicit relationship with another woman may not amount to 'cruelty' towards his wife and count as a ground for abetment to her suicide.
The case from Gujarat has striking facts. The husband and wife had a strained relationship and were contemplating divorce. The wife was resigned to her fate and had told her sister that she was facing breakdown of marriage. She had also said that she would leave her marital home. But, later, she consumed poison and committed suicide.
The prosecution had accused the husband and his parents of cruelty and alleged that the woman was driven to suicide as her husband was having an illicit relationship with another woman. The trial court and the high court had convicted the accused.
After hearing appellant's counsel H A Raichura, a bench of Justices S J Mukhopadhaya and Dipak Misra said, "In the present case, in fact, there is no demand of dowry. If the evidence is appropriately appreciated, the deceased was pained and disturbed as the husband was having an illicit affair with a woman. Will such a situation amount to cruelty under Section 498A of IPC?"
The bench noted that the husband and wife had started living separately in the same house. "True, there is some evidence about the illicit relationship and even if the same is proven, we are of the considered opinion that cruelty, as envisaged under the first limb of Section 498A IPC, would not get attracted. It would be difficult to hold that the mental cruelty was of such a degree that it would drive the wife to commit suicide," it said.
Writing the judgment for the bench, Justice Misra said, "Mere extra-marital relationship, even if proved, would be illegal and immoral, as has been held by the Supreme Court earlier but it would take a different character if the prosecution brings some evidence on record to show that the accused had conducted in such a manner to drive the wife to commit suicide.
"In the instant case, the accused may have been involved in an illicit relationship with a woman, but in the absence of some other acceptable evidence on record that can establish such high degree of mental cruelty, the explanation to Section 498A which includes cruelty to drive a woman to commit suicide, would not be attracted." The bench acquitted the accused.
Sorry, I disagree. It seems that the esteemed Judges of the Supreme Court are far away from reality. I had recently mediated in a matrimonial dispute in which the wife was cheated by his husband. This despite they having 2 Boys in their 14 years of their marriage. The man was not ready to leave the other woman in his life and he told his wife to get lost. The trauma and mental harassment the lady went through was devastating. Any sane would have given up and committed suicide. I counselled her and got her complaint on the 181 Punjab Police helpline which ultimately resolved the matter with success. But not all will be lucky to have someone help them out. The Lady was my patient. Even her paternal family had given up on her saying that it is your destiny. If the judiciary also gives up on them then only GOD save them.
ReplyDeleteboss,they r supreme court judges,how many cases they might have come across in their life,we have to accept,
DeletePractical judgement ,hats off
ReplyDeleteIn the above case, the judges have pronounced the judgement correctly. The estranged wife could have gone thru psychiatric treatment and possibly overcome the trauma of divorse.it was her decision to end life without seeking alternatives. Husband though not entirely responsible but he cannot be held guilty of abettment to wives suicide.
ReplyDeleteu r correct boss
DeleteNow husband will have no fear of keeping extra-marital affair. Landmark judgement for the husbands who has extra-marital affair.
ReplyDeleteWell in short good judgement for those husbands who has extra-marital affair.
ReplyDeleteWell judgement
ReplyDeleteThe judgement depends upon the appriciation of evidence on case to case basis. The judgement delivered in the present case is appropriate.
ReplyDelete