A suicide is not necessarily a proof of harassment of the person by those around him/her, the Bombay High Court recently held, absolving a husband of the charge of subjecting wife to cruelty.
Justice R C Chavan of Nagpur bench of High Court also held that a mere marital discord does not amount to criminal harassment under section 498 A of IPC (subjecting woman to cruelty).
One Kamal Kishor Agarwal, resident of Gondia, had filed appeal before the High Court against his conviction by the lower court under 498 A. His wife, Seema, had committed suicide by setting herself afire in March 1998, six years after their marriage.
Prosecution argued that Seema's relations with the husband had soured, which led to her mental "degradation". Prosecutor argued that it was not necessary that there must be a physical violence for proving cruelty, Seema would not have become mentally sick unless she was subjected to some sort of harassment.