'Mere Use Of Insulting & Abusive Language In Matrimonial Relationship Not Abetment To Suicide': Jammu Court

A Jammu Court has discharged two women, a widow and her mother, accused of abetting the suicide of the woman's husband, observing that ordinary matrimonial quarrels or denial of entry into the matrimonial home cannot, by themselves, constitute abetment to suicide.

The Principal District and Sessions Court, Judge Y.P. Bourney noted that the deceased had been married for over two decades, had two children, and had built properties with his wife during the course of their marriage. While witnesses, including his mother and brother, alleged that relations between the couple were strained, the Court observed:

“Differences and arguments and daily squabbles are not uncommon in any matrimonial relationship… use of abusive language itself is not sufficient to constitute the offence unless there is something more to suggest that accused persons by their persistent conduct created a situation leaving no option with the deceased except to end his life.”

The Court also took note of the fact that the deceased was undergoing treatment for psychological disorders at PGI Chandigarh, and that he had once attempted to end his life even before the incident in question.

It further emphasised that the deceased had stayed at his parental home for three to four days before taking the extreme step, which indicated that he had sufficient time to reflect and recover.

On the alleged suicide note dated October 2018, the Court said it had no proximate connection with the March 2019 incident, observing that a gap of five months diluted its evidentiary value.

Importantly, the Court remarked on the delay in lodging the FIR—two months after the incident by the complainant and nearly seven months by the police despite directions from the Magistrate—underscoring doubts about the prosecution's case.

The Court concluded that the material on record did not establish prima facie that the accused women had instigated or abetted the suicide.

It said “The process of criminal law appears to have been used as a tool for insulting and harassing a widowed lady with her mother, who on the one hand lost her husband at a crucial juncture and on the other, had to face the stigma of having pushed her husband to take the extreme step.”

Appearance:

UT of J&K through SHO Police Station, R.S. Pura Jammu.

Through: Mr. Anil Mangotra Ld. PP

Versus

1. Sunita Kumari W/o Bishan Lal R/o Chak Manua Rakhwal Samba.

2. Jeeto Devi W/o Krishan Dass R/o Village. Dobah District Jammu.

Through: Sh. Aseem Kumar Sawhney Advocate.

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