One incident of slapping wife over stay at parental home not cruelty: High Court

The prosecution case primarily centred around frequent quarrels between the couple. Evidence indicated that the husband would perform "banjo" at marriage ceremonies during night hours to earn additional income and return home late. The wife reportedly disliked his late-night performances, and disputes would arise following his return.

The Gujarat High Court has set aside the conviction of a man who was sentenced to one year’s imprisonment for matrimonial cruelty and seven years for abetment of his wife’s suicide in 1996, holding that one incident of a husband slapping the wife on the ground of staying overnight at parental home without informing him would not be counted as cruelty.

Justice Gita Gopi allowed the appeal and quashed the May 20, 2003 judgment of the District Judge, Valsad, acquitting the accused of offences under Sections 498A (cruelty by husband or relatives) and 306 (abetment of suicide) of the Indian Penal Code (IPC).

According to the prosecution, the deceased had been married to the appellant for about a year and was residing with him at Sarigam Pahadpada. It was alleged that she was subjected to mental and physical cruelty during the course of the marriage, which drove her to commit suicide in 1996.

The prosecution case primarily centred around frequent quarrels between the couple. Evidence indicated that the husband would perform “banjo” at marriage ceremonies during night hours to earn additional income and return home late. The wife reportedly disliked his late-night performances, and disputes would arise following his return.

It was further alleged that, on one occasion, the accused slapped the deceased at her parental home after she stayed there overnight without informing him. The prosecution contended that the cumulative conduct of the husband amounted to cruelty likely to drive the woman to take her own life.

However, the High Court found that the evidence on record was insufficient to sustain the conviction. Noting inconsistencies in witness testimony, the Court observed that while the deceased’s mother stated that her daughter had been slapped, the father admitted he had not witnessed the incident. The Court also recorded that no formal complaints regarding physical assault were filed during the subsistence of the marriage and that the deceased continued to return to her matrimonial home.