Supreme Court NEW DELHI: Observing that differences are a part and parcel of married life and may result in non-communication betw-een partners, Supreme Court has said that a husband cannot be convicted of cruelty merely on the ground of not talking to his wife for a few days.A bench of Justices J K Maheshwari and Atul S Chand acquitted a man who was convicted by trial court and Madras high court under Section 498A of Indian Penal Code for subjecting his wife to cruelty and sentenced to a three-year jail term. He had not been on talking terms with his wife for 13 days, which led to her dying by suicide.The court said, “Therefore, in absence of any material, mere non-communication with the deceased for thirteen days, without substantiating the same with cogent evidence, cannot, in any stretch of the imagination, fall within the ambit of cruelty in the facts of this case…”The case was not even one where there was some quarrel between appellant and the deceased, due to which appellant could have been convicted by trial court, SC said. There was insufficient evidence to prove allegation of cruelty against the husband, something the high court judgment failed to take into account, it said.The court said that what needs to be determined is whether the gravity or seriousness of the act is of such a nature that it is likely to drive a woman to die by suicide or cause injury or pose danger to her mental health. In order to establish cruelty, the wilful conduct of the accused must be of a compelling nature.”In this regard, persistent harassment within a close proximity of time of lodging the complaint may be a relevant factor. It is, further, clarified that a petty quarrel cannot be termed as cruelty to attract charge under Sec 498A. It is incumbent upon Courts, therefore, to analyse the facts and circumstances, the act on the part of the accused and gauge its impact,” bench said.End of ArticleFollow Us On Social MediaVideos’I Saw Four Bodies At One Spot’: Local Hero Recounts Horror Of Delhi Fire | Watch’Did Not Tell Me…’: RJD MP Breaks Silence On Helping Cockroach Janta Party In Holding Presser’Whatever I Am Today Is Because Of Mamata’: Humayun Kabir Offers Rejinagar Seat To TMC Chief’We Are No More In INDIA Bloc, Will Not Attend June 8 Meet’: DMK After Congress ‘Betrayal’ In TNHijab, No Music, Separate Timings: Kerala’s ‘Islam-Friendly’ Gym Sparks Row, BJP Slams CongressAfter TCS Nashik Case, Ex-Wipro Pune Employee Alleges Religious Conversion, Forced ResignationNo Woman In Karnataka Cabinet: Margaret Alva ‘Deeply Disappointed’ Over DK Shivakumar Oath CeremonyPune IT Firm Abruptly Closes Operations, Over 700 Employees And Interns Left JoblessCongress Tells Cadre To Ignore CJP, Stay Focused On NEET-CBSE AgitationWhy IRCTC Is Verifying 6 Crore Users And Deploying AI Cameras In 800 Kitchens123Photostories5 most venomous sea snakes travellers should know aboutWant melt-in-the-mouth mutton dishes? 5 lesser-known secrets to follow at homeSambhavna Seth breaks down in tears as she welcomes twins via surrogacy with husband Avinash Dwivedi; cuts her babies’ umbilical cords, Says ‘Family Complete Ho Gayi’6 lakes in India with fascinating myths about their origins3 types of people you should remove from your life, as per Gauranga DasMMA legend Conor McGregor’s Las Vegas mansion is a millions-worth property defined by world-class luxury, private elevator and Strip viewsThe 5 numbers cardiologists want every adult to know before it’s too lateChild behavior expert says these 5 common phrases parents say to their children can hurt them psychologically8 words that women hate from the core of their heart: Which one can YOU not standGetting married soon? 10 common questions women should ask themselves before tying the knot123Hot PicksDelhi Restaurant FireLauren FryerAbhishek BanerjeeLos Angeles Airport DetentionAuston MatthewsSean StricklandKylian MbappeNuclear Scientist DeathNHL Trade RumorsTop TrendingDelhi Malviya Nagar Restaurant FireBengaluru MurderK AnnamalaiAnnapurna BhandarFirhad HakimDK ShivakumarKerala MonsoonAbhishek BanerjeeMamata BanerjeeKoyambedu Baw Brawl
NEW DELHI: Observing that differences are a part and parcel of married life and may result in non-communication betw-een partners, Supreme Court has said that a husband cannot be convicted of cruelty merely on the ground of not talking to his wife for a few days.A bench of Justices J K Maheshwari and Atul S Chand acquitted a man who was convicted by trial court and Madras high court under Section 498A of Indian Penal Code for subjecting his wife to cruelty and sentenced to a three-year jail term. He had not been on talking terms with his wife for 13 days, which led to her dying by suicide.The court said, “Therefore, in absence of any material, mere non-communication with the deceased for thirteen days, without substantiating the same with cogent evidence, cannot, in any stretch of the imagination, fall within the ambit of cruelty in the facts of this case…”The case was not even one where there was some quarrel between appellant and the deceased, due to which appellant could have been convicted by trial court, SC said. There was insufficient evidence to prove allegation of cruelty against the husband, something the high court judgment failed to take into account, it said.The court said that what needs to be determined is whether the gravity or seriousness of the act is of such a nature that it is likely to drive a woman to die by suicide or cause injury or pose danger to her mental health. In order to establish cruelty, the wilful conduct of the accused must be of a compelling nature.“In this regard, persistent harassment within a close proximity of time of lodging the complaint may be a relevant factor. It is, further, clarified that a petty quarrel cannot be termed as cruelty to attract charge under Sec 498A. It is incumbent upon Courts, therefore, to analyse the facts and circumstances, the act on the part of the accused and gauge its impact,” bench said.
