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Supreme Court of India 2016-11-22 allowed

K.V. Prakash Babu vs State of Karnataka

Bench: 2 — Dipak Misra

In Brief

A husband was convicted of subjecting his wife to cruelty (Section 498-A IPC) and abetting her suicide (Section 306 IPC) after she died following discovery of his involvement with another woman. The Supreme Court acquitted him, holding that mere suspicion or rumour about an extra-marital affair—without evidence of active harassment or conduct specifically designed to cause mental cruelty—does not meet the legal threshold for these offences. While such conduct may ground a divorce, criminal liability requires proof of deliberate cruelty likely to drive a woman to suicide. The court clarified that mental cruelty must be substantial and established independently, not inferred from suspicion alone.

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Criminal Law Dowry and Cruelty Abetment of Suicide Matrimonial Disputes Domestic Cruelty Evidence and Presumption Extra-Marital Affairs Mental Cruelty

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