Daijiworld Media Network – New Delhi

New Delhi, Jun 5: The Supreme Court has ruled that a husband cannot be convicted of cruelty merely for not speaking to his wife for a few days, observing that periods of disagreement and non-communication are common in married life.

A bench comprising Justices J K Maheshwari and Atul S Chand set aside the conviction of a man who had been found guilty under Section 498A of the Indian Penal Code by a trial court and later by the Madras High Court. The man had been sentenced to three years' imprisonment following the suicide of his wife.

One of the allegations against him was that he had not spoken to his wife for 13 days before her death.

While acquitting the accused, the apex court said there was no material evidence to establish that his conduct amounted to cruelty under the law.

“In the absence of any material, mere non-communication with the deceased for thirteen days cannot, by itself, fall within the ambit of cruelty,” the bench observed.

The court noted that the case did not involve any serious dispute or quarrel between the couple that could justify a conviction under Section 498A.

It further held that the evidence on record was insufficient to prove the allegation of cruelty and observed that the High Court had failed to properly assess this aspect while affirming the conviction.

Clarifying the legal position, the Supreme Court said that for an act to qualify as cruelty, the conduct must be grave enough to drive a woman to suicide, cause injury, or seriously affect her physical or mental well-being.

The bench emphasised that persistent harassment and wilful conduct of a serious nature are necessary ingredients to establish cruelty, adding that minor disagreements or petty quarrels between spouses cannot automatically attract criminal liability under Section 498A.

The judgment reiterates that courts must carefully examine the facts and circumstances of each case before concluding whether the alleged conduct amounts to cruelty under the law.