One Incident of Husband Slapping Wife for Staying Overnight at Parental Home Without Informing Him Not Cruelty, Says Gujarat High Court; Acquits Man After 23 Years in Suicide Case

Mumbai, February 20: The Gujarat High Court has ruled that a single incident of a husband slapping his wife for staying overnight at her parental home without his prior knowledge does not constitute "cruelty" under Section 498A of the Indian Penal Code (IPC). Acquitting the man 23 years after his initial conviction, Justice Gita Gopi observed that ordinary marital discord and isolated domestic disputes, in the absence of cogent evidence of persistent harassment, cannot be legally classified as the driving force behind a spouse's suicide.

Acquittal After Two Decades

The ruling came during the hearing of a criminal appeal filed by Dilipbhai Manglabhai Varli, who was challenging a 2003 sessions court judgment. The trial court had previously sentenced Varli to seven years for abetment to suicide (Section 306 IPC) and one year for cruelty (Section 498A IPC) following his wife’s death in May 1996. Yusuf Pathan Declared an ‘Encroacher’: Gujarat High Court Orders Former Cricketer To Vacate Government Land Next to His Vadodara Bungalow, Says ‘Celebrities Are Not Above Law’.

Justice Gita Gopi, in her order, noted that the prosecution failed to prove a proximate cause of the suicide. "One incident of husband slapping the wife on the ground of staying overnight at parental home without informing him would not be counted as cruelty," the court stated, setting aside the earlier conviction and sentence.

The 'Banjo' Dispute and Marital Discord

Detailed examination of the testimonies revealed that the couple’s primary disputes centered on Varli’s late-night work as a banjo player for additional income. Witnesses, including the deceased's father, admitted that the marital relationship was otherwise cordial and that there were no demands for dowry.

The court observed that:

No Medical Records: There were no hospital records to support allegations of persistent physical beatings.

No Prior Complaints: No complaints of harassment or cruelty were lodged by the deceased during her lifetime.

Ordinary Friction: The quarrels were identified as spontaneous reactions to the husband returning late from musical performances, which the wife reportedly disliked.

Legal Standards for Suicide Abetment

The High Court reiterated the strict legal threshold required for a conviction under Section 306 IPC. Citing settled law, the court emphasized that abetment requires a clear mens rea (criminal intent) and a direct or proximate act of instigation. "Persistent, unbearable continuous beatings would require cogent evidence to be considered as proved," the court remarked. In this case, the court found that the trial court’s conclusion was based on "erroneous" interpretations of general allegations rather than established proof of wilful conduct intended to drive the deceased to suicide. Gujarat High Court Issues Notice to Google for Blocking Man’s Email Account for Nearly a Year Over Nude Childhood Photo.

Summary of the Ruling

The High Court concluded that criminal sections like 498A and 306 IPC cannot be applied casually based on emotional or moral grounds alone. Because the prosecution failed to establish a direct nexus between the husband's conduct and the tragic outcome, Varli was acquitted of all charges.

(The above story first appeared on LatestLY on Feb 20, 2026 01:14 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).