Not Speaking to Wife for 13 Days Does Not Amount to Cruelty: Supreme Court
Not Speaking to Wife for 13 Days Does Not Amount to Cruelty: Supreme Court Published By, Last Updated: June 05, 2026, 11:56 IST The bench
Not Speaking to Wife for 13 Days Does Not Amount to Cruelty: Supreme Court Published By, Last Updated: June 05, 2026, 11:56 IST The bench said that, in order to establish cruelty, the wilful conduct of the accused must be of a compelling nature. Rapid Read The Supreme Court of India. (File photo) The Supreme Court has ruled that a husband cannot be held guilty of cruelty solely for not speaking to his wife for a few days, observing that disagreements and periods of non-communication are a normal part of married life. A bench of Justices JK Maheshwari and Atul S Chand acquitted a man who had been convicted under Section 498A of the Indian Penal Code by both a trial court and the Madras High Court. He had been sentenced to three years in prison after his wife died by suicide.
One of the allegations against him was that he had not spoken to her for 13 days before her death. Setting aside the conviction, the apex court said there was no material to show that the husband’s conduct amounted to cruelty. “Therefore, in absence of any material, mere non-communication with the deceased for thirteen days, without substantiating the same with cogent evidence, cannot, in any stretch of the imagination, fall within the ambit of cruelty in the facts of this case…" the bench said. The court also noted that the case did not involve any significant dispute between the couple that could justify a conviction. “The case was not even one where there was some quarrel between appellant and the deceased, due to which appellant could have been convicted by trial court," the court observed. It further held that there was insufficient evidence to establish the allegation of cruelty against the husband and said the High Court had failed to properly appreciate this aspect while upholding the conviction.
Explaining the legal position, the Supreme Court said courts must assess whether the conduct in question was serious enough to drive a woman to take her own life, cause injury, or endanger her mental health. The bench said that, in order to establish cruelty, the wilful conduct of the accused must be of a compelling nature. “In this regard, persistent harassment within a close proximity of time of lodging the complaint may be a relevant factor. It is, further, clarified that a petty quarrel cannot be termed as cruelty to attract charge under Sec 498A. It is incumbent upon Courts, therefore, to analyse the facts and circumstances, the act on the part of the accused and gauge its impact," the bench said. News18 Newsletter Handpicked stories, in your inbox A newsletter with the best of our journalism submit About the Author News Desk The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad.
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