Wife’s Suicide Within 7 Years Of Marriage Won’t Raise Presumption Of Husband’s Abetment If There’s No Evidence Of Cruelty: Supreme Court
Important decision by the Supreme Court of India and what it means:
The Ruling
- The Supreme Court has clarified that the mere fact of a wife’s suicide within seven years of marriage is not enough to automatically presume the husband (or his relatives) were responsible for abetting the suicide.
- This decision is meant to address concerns that the legal provision concerning this presumption of guilt (Section 113A of the Indian Evidence Act) was being misused in some cases.
- The Court emphasized the importance of actual evidence of cruelty or harassment to hold a husband or his relatives accountable for abetment of suicide.
What does this mean?
- Responsibility still exists: Husbands and their relatives are still absolutely responsible for ensuring a safe and cruelty-free environment for the wife. Cruelty or harassment remain offenses. If there is evidence of such behavior leading up to a wife’s suicide within seven years of marriage, the presumption of abetment can still be applied.
- Burden of proof adjusted: This decision shifts a bit of the burden of proof. Now, the prosecution must demonstrate the existence of cruelty or harassment, rather than relying solely on the fact of the suicide within the seven-year period.
Why this matters
- Addresses misuse: This decision helps prevent cases where husbands or in-laws may have been falsely accused under the presumption.
- Upholds protection of women: It is crucial to reiterate that the law continues to protect women within marriage from abuse. This decision doesn’t lessen that protection but focuses on providing justice in all situations.
Case Title: Naresh Kumar v. State of Haryana Bench: Justices J.B. Pardiwala and Manoj Misra Case No.: CRIMINAL APPEAL (NO.) 1722 of 2010
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