SC: Mere Lack of Communication Between Spouses Isn't Cruelty

SC: Mere Lack of Communication Between Spouses Isn't Cruelty

In Jayesh Kanna v. The Assistant Commissioner of Police, the Supreme Court held that mere non-communication between spouses for a short period cannot, by itself, amount to cruelty under Section 498A IPC. The case involved a husband who allegedly stopped speaking to his wife for 13 days after she visited her parental home. Following the wife’s death by suicide, he was convicted for cruelty by the Trial Court, and the conviction was upheld by the High Court. Setting aside the conviction, the Supreme Court observed that ordinary marital differences, temporary silence, emotional distance, and misunderstandings are part of normal married life and cannot automatically attract criminal liability. To constitute cruelty under Section 498A, there must be wilful conduct of such gravity that it is likely to drive a woman to suicide or cause grave injury to her mental or physical health. The Court found no evidence of dowry demands, threats, persistent harassment, or abusive conduct. It also rejected the argument that the absence of WhatsApp messages proved non-communication. Holding that suspicion cannot replace proof beyond reasonable doubt, the Court acquitted the husband and reaffirmed that ordinary matrimonial discord cannot be criminalised.