Seeking financial help from wife does not by itself amount to cruelty

Bombay High Court: A criminal appeal preferred by the appellant against the order of his conviction and sentence passed by the trial court, was allowed by a Single Judge Bench comprising of Sarang V. Kotwal, J.

The appellant was accused of subjecting his wife to cruelty due to which she committed suicide. The appellant was charged under Sections 498-A and 306 of IPC. He was tried, convicted and sentenced for the said offences by the trial court. The appellant challenged the decision of the trial court.

The High Court perused the record and found that the allegations against the appellant were that he demanded Rs. 1000 from the deceased. The Court was of the view that only asking for financial help from the wife without any further allegations would not amount to cruelty to attract the provisions of Section 498-A. Neither the allegation that the appellant harassed the deceased for she was not able to cook good food was proved by any evidence. In fact, it was found that the fact of the wife leaving the appellant’s house one month prior to the incident, was suppressed by the prosecution. In such circumstances, the High Court held that neither cruelty nor abetment could be proved against the appellant. Therefore, the Court allowed the appeal preferred by the appellant and set aside the impugned order. [Ananta Laxman Pansare v. State of Maharashtra, 2018 SCC OnLine Bom 963, dated 07-05-2018]

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