Marital Discord Common, Cannot Be Treated As Abetment Of Suicide: Bombay HC

Last Updated:April 05, 2026, 09:25 IST

The bench allowed a plea filed by a 49-year-old woman, who had sought to quash the abetment of suicide case registered against her by the Amravati police in 2019.

The Bombay High Court quashed a case lodged against a woman for abetting the suicide of her husband, saying that a spouse cannot be accused of abetting the suicide of his or her partner merely because there was marital discord between the two.

In an order passed last week, the Nagpur bench of the HC observed that disputes and differences are common in domestic life and suicide cannot be attributed to either partner solely on the basis of matrimonial discord. The court emphasised that there must be instigation or direct incitement from the accused for the offence of abetment to be established.

“In such cases, it cannot be held that due to abetment from one partner the other committed suicide," the court said.

The bench allowed a plea filed by a 49-year-old woman, a teacher by profession, who had sought to quash the abetment of suicide case registered against her by the Amravati police in 2019.

A single bench of Justice Urmila Joshi Phalke noted that both the husband and wife had accused each other of ill-treatment and abuse. At most, the court said, it could be inferred that the woman may have been a reason for the man’s frustration.

“Such types of discord and differences are common in domestic life and until and unless some guilty intentions are there, it is ordinarily not possible to show that the woman was responsible for the death of her husband," the HC observed.

The court further stated that to establish abetment of suicide, the prosecution must prove that the accused played a role in the act or encouraged the victim to take their life, or conspired with others to ensure that the suicide occurred.

It reiterated that there must be clear instigation or direct incitement from the accused to the victim. “In order to attract the offence of abetment, there must be mens rea (intention). Without knowledge or intention, there cannot be any abetment," the court said.

The bench also noted that words spoken by spouses in anger cannot by themselves amount to abetment of suicide.

Referring to the suicide note left by the man, the court said it did not indicate that the woman had abetted the act and in fact stated that no one should be held responsible for his death.

The couple had married in December 1996. According to the man and his parents, the woman allegedly abused and assaulted him and his family members and threatened to implicate them in false cases by committing suicide. The in-laws also alleged that she was involved in an illicit relationship and would leave the matrimonial home for several days without informing them.

In November 2019, the man died by suicide, after which his parents filed a case against the woman accusing her of abetment.

The woman, however, told the court that she too had been subjected to physical assault and abuse by her husband and his parents during the marriage. The court noted that the case reflected marital discord and mutual allegations of ill-treatment between the couple.

News cities mumbai-news Marital Discord Common, Cannot Be Treated As Abetment Of Suicide: Bombay HC

Read More