Bombay High Court Rules Wife Not Guilty of Abetment in Husband’s Suicide Amid Marital Disputes

The Nagpur Bench of the Bombay High Court noted that if a man dies by suicide due to domestic quarrels or marital differences, his wife cannot be held guilty of abetment to suicide under the law. The observation came during the hearing of a case arising from an incident on November 26, 2019, when a

man died by suicide after throwing himself under a train in the Amravati district of Maharashtra.

Devastated by the death of his son, the man's father lodged a complaint against his daughter-in-law, accusing her of frequent quarrels over trivial matters and verbal abuse. He further claimed that she would repeatedly leave for her parental home without informing his son and would threaten to implicate her husband in false cases. Driven to desperation by this harassment, his son died by suicide, the man alleged. Based on the father's complaint, the police registered a case of abetment to suicide against the victim's wife.

In response, the woman filed a petition in the High Court seeking to reject the first information report (FIR) registered against her and the ensuing legal proceedings. While hearing the matter, the High Court rejected all allegations against the woman, stating that abetment to suicide is applicable only when the intention is clearly to push someone to take their life.

“Mere marital disputes, verbal abuse, or instances of leaving for one's parental home cannot be categorised as 'abetment to suicide.' A case under section 306 of the Indian Penal Code (or Section 108 of the Bharatiya Nyaya Sanhita, 2023) is established only when the accused's intention is clearly to compel the individual to take their own life,” the Court said.

The Court further clarified that ordinary arguments or differences of opinion between a husband and wife do not fall within the ambit of abetment. Accepting the woman's petition, the Court dropped the case against her and the ongoing trial.

The ruling underscores a crucial legal distinction, reinforcing that allegations of abetment to suicide must be supported by clear intent, thereby setting a significant precedent in cases involving marital discord and criminal liability.