Calling spouse dark not abetment: Court frees man 30 years after wife's suicide

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The case dates back to January 1995, when a woman died by suicide after confiding in her parents about harassment by her husband and in-laws.

Bombay High Court

The man had been sentenced to five years in prison by a Sessions Court in Satara for offences under Sections 498A (cruelty to a married woman) and 306 (abetment of suicide) of the Indian Penal Code. (Representative Image)

Vidya

New Delhi,UPDATED: Jul 26, 2025 07:06 IST

Nearly three decades after being convicted for abetting his wife's suicide, a man has been acquitted by the Bombay High Court, which ruled that domestic quarrels, including remarks about complexion and threats of a second marriage, do not constitute criminal harassment under the law.

The judgment was delivered by Justice S M Modak, who was hearing an appeal filed in 1998 by a then 23-year-old shepherd from Satara district.

The man had been sentenced to five years in prison by a Sessions Court in Satara for offences under Sections 498A (cruelty to a married woman) and 306 (abetment of suicide) of the Indian Penal Code.

The case dated back to January 1995, when the man's wife died by suicide after jumping into a well. Prior to her death, she had reportedly told her parents that she was being harassed by her husband and in-laws.

According to the prosecution, the husband had taunted the woman over her dark complexion, said he did not like her, and threatened to marry another woman, while her father-in-law criticised her cooking and expressed dissatisfaction with the food she prepared.

However, the High Court found that these incidents amounted to domestic discord, not criminal conduct.

"They can be said to be quarrels arising out of matrimonial life. They are domestic quarrels. It cannot be said to be of such a high degree so as to compel the woman to commit suicide. So, an offence under Section 498 A of the Indian Penal Code is not made out," said the bench.

The Court said that while there was evidence of tension and disagreements within the household, they did not meet the legal threshold required to prove cruelty or abetment of suicide.

“The legislature contemplates that every dispute, quarrel or altercation arising from matrimonial life are not criminal offences. It will take colour of criminal law only when there are no alternatives for the wife but to put an end to her life because of the harassment," the bench said.

The bench further said, “There was harassment, but it was not of that kind of harassment due to which criminal law can be set in motion.”

Noting that the prosecution had failed to establish a direct link between the alleged harassment and the woman’s act of suicide, the court held that the trial court had overlooked fundamental legal principles. “The Judge has forgotten the basic principles and ingredients of the Sections,” the High Court said, setting aside the conviction and ordering the appellant’s release.

- Ends

Published By:

Shipra Parashar

Published On:

Jul 26, 2025

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