Marital Discord Between Couple Not Sufficient To Constitute Offence Of Abetment Of Suicide Against Wife: Punjab & Haryana High Court

The Punjab & Haryana High Court allowed a regular bail plea of a wife accused of abetting suicide of her husband, observing that marital discord alone are not sufficient to constitute the offence.

It was alleged that the husband used to remain upset with his wife because she was allegedly involved with another man.

Justice Sandeep Moudgil said, "be that as it may, considering the fact that State has failed to produce any cogent evidence to establish immediate provocation or instigation on the part of the petitioner, particularly in the absence of a suicide note. As for the other contentions namely, that there were direct allegations and frequent quarrels between the petitioner and the deceased arising out of misunderstandings and discord these alone are not sufficient to constitute an offence under Section 306 of the IPC."

The Court added that, "such disputes between a husband and wife may be considered part of the ordinary wear and tear of marital life and, without credible and substantial evidence, cannot be treated as instigation or abetment to suicide."

Kulwinder Kaur was arrested and had spent 1 year behind bar in FIR under Sections 306, 506, 34 of IPC. 

According to the prosecution, the husband before committing suicide used to remain depressed due to alleged illicit relations of the petitioner-wife with another man.

After hearing the submissions, the Court said that the petitioner has already suffered incarceration of 1 year, 1 day and is is a person of clean antecedents; co-accused has already been granted bail.

Reliance was placed on Dataram v. State of Uttar Pradesh and another [2018(2) R.C.R. (Criminal) 131], wherein it was held that the grant of bail is a general rule and putting persons in jail or in prison or in correction home is an exception.

The Court also quoted Oscar Wilde in “The Ballad of Reading Gaol”, while referring Apex Court's decision in Balwinder Singh versus State of Punjab and Another, 2024

“I know not whether Laws be right, Or whether Laws be wrong;

All that we know who be in jail

Is that the wall is strong;

And that each day is like a year, A year whose days are long.”

In the light of the above, the plea was allowed.

Mr. P.K.S. Phoolka, Advocate for the petitioner.

Mr. Rajiv Verma, Senior DAG Punjab

Title: KULWINDER KAUR v. STATE OF PUNJAB

Click here to read/download the order