ISSUE:
Whether the husband failure to disclose the conversation preceding his wife’s suicide, combined with allegations of cruelty against him, is sufficient to presume that he abetted the suicide under Section 113 A of Indian Evidence Act, of 1872?
RULE:
Section 113A of the Indian Evidence Act permits the court to presume that a woman’s suicide within seven years of marriage was abetted by her husband or his relatives if it is proven that she was subjected to cruelty by them. This presumption, however, is discretionary and not mandatory.
The court must evaluate whether the proven cruelty was of a nature likely to drive the woman to suicide, considering the totality of the circumstances.
Mere proof of cruelty and suicide within seven years is insufficient to establish abetment without a causal link between the two.