Bhopal: A woman cannot be held guilty of the abetment of suicide of her husband because she did not prepare food in time, compelled husband to do household chores and going to market along with other persons for shopping purposes, the Madhya Pradesh High Court held recently. 

A bench of Justice Gurpal Singh Ahluwalia set aside the order of Sessions Judge, Umaria in which he framed charge under Sextion 306 IPC against the wife for allegedly abetting her husband's suicide. 

The bench observed, “In cases of abetment of suicide, there must be proof of direct or indirect acts or incitement of commission of suicide. Acts involve multifaceted and complex attributes of human behaviour and reactions or in the cases of abetment, Court must look for cogent and convincing proof of acts of incitement of commission of suicide”

The Court was hearing a plea filed by Nisha Saket who has been charged for abetting her husband's suicide. 

It was alleged that the applicant-wife had a rude behaviour towards her in-laws and her deceased husband. It was further alleged that she did not maintain a good relationship with her in laws and failed to sufficiently care for her husband. It was pointed out that there were times where she did not prepare melals for er husband on time, resulting him going to his work without eating. 

Beside, it was alleged that she left her child wit neighbors and went to market for shopping despite objections from husband which led to quarrels between them. 

The allegations stated that the her husband committed suicide due to her abetment. 

The applicant-wife challenged the FIR registration as well as framing of charge under Section 306 of IPC in High Court. Her counsel submitted that all allegations are accepted, still no offence under Section 306 would be made out. 

The court considering the allegations noted that if all the claims are accepted, it cannot be presumed that there was any instigation on part of the applicant. 
The court held that no case was made out warranting g prosecution of applicant. The Sessions Court order was accordingly set aside.