Husband sending divorce notice to wife not abetment of suicide, rules Kerala HC

Kochi, May 30 The Kerala High Court has set aside a trial court order which had included the charge of abetment of suicide against a husband after his wife committed suicide by jumping into a well when a draft divorce agreement was given to her.

The deceased woman's mother, father, and brother said that members of the husband's family came to their home and handed over a draft divorce agreement to her brother, and he later handed it over to her.

After reading it, she became upset and committed suicide.

The HC said that the allegation is that the husband’s family members came to the house of the deceased and handed over a draft of an agreement for divorce, and on seeing it, the deceased was mentally shattered. The trial court found that there was sufficient evidence to show that there was abetment of committing suicide, "but I cannot subscribe to the said finding," the HC judge said.

The high court went on to point out that there is nothing in the allegations to show that there was any instigation or intentional aiding or direct or indirect act of incitement to the commission of the offence of suicide by the husband.

"Thus, the law is clear that to constitute an offence of abetment of suicide under Section 306 IPC (Section 108 of BNS), there must be proof of either instigation or conspiracy or intentionally aiding or direct or indirect act of incitement to the commission of the offence of suicide. A mere allegation of humiliation, harassment, or threat unaccompanied by any incitement or instigation is not at all sufficient to attract the offence," the high court held.

It also pointed out that the family did not state that the husband played "any active role in either instigating or intentionally aiding the commission of suicide," and set aside the trial court order.

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