Law of abetment of suicide is equal for husband or wife. If wife commits suicide due to harassment and cruelty by husband, husband is liable to be prosecuted. If husband commits suicide due to harassment of wife, the wife is also liable to be prosecuted.
This is equal for husband and wife. But the difference is in Evidence Act Sec.113A.
It says that if wife's suicide happens, court will, at first instance, presume that husband abetted the suicide.
Burden will be on husband side to prove that he had inflicted no cruelty to wife or that the cruelty was not so grave that it could have lead wife to commit suicide.
In case of suicide of husband due to cruelty by wife and her relatives, there is no such presumption. So first, police will have to make preliminary investigation, then FIR, then bails, etc. Then charge sheet.
Here, the burden is on prosecution and its witnesses to prove that cruelty by wife was of such nature that it drove husband to commit suicide.
If it is proved, then punishment to wife is also same as it is on husband.
Haresh Raichura
