HC on Suicide Abetment: Wife’s Suicide Within Seven Years of Marriage Doesn’t Automatically Trigger Presumption of Abetment Against Husband, Says Jammu and Kashmir High Court
The court observed while hearing a criminal conviction appeal in which the trial court convicted a man named Showkat Ahmad Rather under Sections 498-A and 306 RPC and sentenced him to two years and seven years of rigorous imprisonment for each charge.
The Jammu and Kashmir and Ladakh High Court recently said that the mere fact that a woman commits suicide within seven years of her marriage does not automatically invoke the presumption under Section 113-A of the Evidence Act. It must be noted that Section 113A of the Indian Evidence Act of 1872 deals with the presumption of suicide abetment by a husband or relative of a married woman. The high court further emphasised that such presumption may only be raised when it is shown that the husband or a relative of the husband subjected the deceased to cruelty, as defined under Section 498-A of the RPC. The court observed while hearing a criminal conviction appeal in which the trial court convicted a man named Showkat Ahmad Rather under Sections 498-A and 306 RPC and sentenced him to two years and seven years of rigorous imprisonment for each charge. HC on Maintenance: Father Has Legal and Moral Obligation To Maintain Children Even if Mother Is Working, Says Jammu and Kashmir High Court.
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