The Bombay High Court has ruled that mere marital discord cannot be treated as abetment of suicide, while quashing a case filed against a woman accused of driving her husband to take his life.
In its order, the Nagpur bench, led by Urmila Joshi Phalke, observed that disagreements and conflicts are common in married life and cannot automatically be linked to suicide. The court emphasised that for a charge of abetment to stand, there must be clear evidence of instigation, direct incitement, or intentional involvement by the accused.
The case involved a 49-year-old school teacher against whom an abetment case had been registered in 2019 by Amravati police following her husband’s suicide. Allowing her plea, the court noted that both spouses had made allegations of abuse and ill-treatment against each other, indicating a strained relationship rather than unilateral wrongdoing.
The bench clarified that even if one partner contributes to the other’s frustration, it does not amount to abetment unless there is proven intent (mens rea) to push the person towards suicide. It further stated that statements made in anger during domestic disputes cannot be considered sufficient grounds for such a serious charge.
Importantly, the court pointed out that the suicide note left by the deceased did not blame anyone for his death, which further weakened the case for abetment.
Reiterating legal principles, the court held that to establish abetment of suicide, the prosecution must prove active encouragement, conspiracy, or intentional actions leading to the act. In the absence of such evidence, holding a spouse criminally liable would not be justified.
The ruling underscores that while marital disputes may be distressing, they do not, by themselves, meet the legal threshold required to constitute abetment of suicide.
