Gujarat High Court – A slap by husband does not amount to cruelty, sets aside the sentence awarded to the husband by the lower court.

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A decision by the Gujarat High Court is currently the subject of nationwide discussion. While some are calling it righteous, others are calling it blatantly wrong. The High Court stated in its ruling that a single incident of a husband slapping his wife cannot be considered cruelty. Sufficient evidence is essential to file a cruelty case.

The entire case dates back to 1996. The court has issued its verdict in this case. Dilipbhai Mangalabhai Varli filed an appeal in the court, challenging the 2003 decision of the Sessions Court. At that time, the court sentenced Dilipbhai to seven years in prison. The court convicted him of murder and imposed this sentence under Section 306 of the IPC.

The allegation was of abetment to suicide.
The woman’s side alleged that the man harassed her daily and assaulted her. Fed up with this, the woman committed suicide. It was alleged that the man forced her to commit suicide. The husband would go out to play the banjo at night to supplement his income, which his wife disliked and was the primary cause of frequent quarrels between them.

Justice Geeta Gopi stated in her order that concrete evidence of persistent and unbearable violence is necessary to prove cruelty. In this case, Dilip Bhai was previously sentenced to seven years in prison by the lower court, which the High Court has overturned.

Wife Slapped
The entire case revolves around a single slap. The appellant told the court that his wife had gone to her parents’ home without informing him. This upset not only him but also many others. This is why he slapped his wife. The court also considered this to be justified in some respects and did not consider it a case of cruelty.