Mere fact that husband has developed some intimacy with another, during subsistence of marriage does not amount to abetment to commit suicide
We are of the view that the mere fact that the husband
has developed some intimacy with another, during the
subsistence of marriage and failed to discharge his marital
obligations, as such would not amount to “cruelty”, but it
must be of such a nature as is likely to drive the spouse to
commit suicide to fall within the explanation to Section 498A
IPC.
Harassment, of course, need not be in the form of
physical assault and even mental harassment also would
come within the purview of Section 498A IPC.
Mental
cruelty, of course, varies from person to person, depending
upon the intensity and the degree of endurance, some may
meet with courage and some others suffer in silence, to
some it may be unbearable and a weak person may think of
ending one’s life. We, on facts, found that the alleged extra
marital relationship was not of such a nature as to drive the
wife to commit suicide or that A-1 had ever intended or
acted in such a manner which under normal circumstances,
would drive the wife to commit suicide.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPEALLATE JURISDICTION
CRIMINAL APPEAL NO.811 OF 2004
Pinakin Mahipatray Rawal
Appellant
Versus
State of Gujarat
Respondent
JUDGMENT
K.S. RADHAKRISHNAN, J.1
Decided On:
https://www.lawweb.in/2013/09/mere-fact-that-husband-has-developed.html
