High Court says slap alone not cruelty, husband’s 7-year sentence set aside

Ahmedabad (The Uttam Hindu): A recent ruling by the Gujarat High Court has sparked widespread discussion after the court observed that a single slap by a husband cannot automatically be treated as cruelty. The court said that clear and convincing evidence of continuous and severe harassment is necessary to establish cruelty.

The case dates back to 1996. The accused, Dilipbhai Mangalabhai Varli, had challenged a 2003 Sessions Court judgment that convicted him of abetting his wife’s suicide and sentenced him to seven years of rigorous imprisonment under Section 306 of the IPC. The High Court has now set aside the conviction and sentence.

According to the allegations, the husband regularly subjected his wife to mental and physical harassment, which allegedly led to her suicide. However, during the proceedings it emerged that frequent disputes arose because the husband used to go out at night to play the banjo to earn extra income, something his wife reportedly disliked.

While delivering the judgment, Justice Geeta Gopi noted that allegations alone are not enough to prove cruelty or abetment of suicide, and that strong evidence of continuous and unbearable harassment is required.

The case also referred to an incident in which the husband slapped his wife after she went to her parents’ home without informing the family. The court observed that this isolated act, though inappropriate, could not by itself be considered cruelty or abetment to

suicide.