MUMBAI: Six years after a 29-year-old was accused of abetting her 48-year-old husband’s suicide for frequently fighting with him and refusing to reside with him, a sessions court acquitted her while observing that her choice to continue with graduation from her maternal home as there was no space in her marital house cannot be said to be unreasonable. “…instances of marital discord which are common in marital life may cause strain, cannot automatically be considered as an instigation by either spouse which may led to suicide,” the judge said.
The deceased, Rajkumar Kanojia, died by consuming bug spray on May 21, 2017. Among several reasons written in the suicide note, he blamed his wife for harassing him by refusing to have a child.
The judge said his wife Sadhana Kanojia‘s conduct, as per subjective assessment of the deceased who appeared to be hypersensitive, might be termed as harassment by him but it nowhere establishes a positive action by her which can be said to have led to the suicide. The judge said there is no such evidence to indicate she played an active role by an act of instigation or by doing a certain act to facilitate the commission of suicide. “The alleged act of Sadhana… that is, not to agree with her husband to have a child, leaving for maternal home after quarreling with her husband, asking her in-laws to live separately, putting the condition to stay with husband only if he stays independently from his parents and siblings in a rented room, calling her husband while on work and quarreling with him, all above acts attributed by the accused may be termed as harassment to the deceased but they cannot be said to be acts which incited the deceased to take the extreme step…,” the judge said.
Sadhana was the accused’s second wife. “Admittedly, the deceased’s first marriage was dissolved by decree of divorce. The deceased’s first marriage was a broken marriage. The circumstance leads this court to infer that the deceased was a hypersensitive person and was more attached to his family. He wanted to stay with his family jointly in one room but the accused Sadhana insisted her husband have independent accommodation,” the judge said, observing if a wife dislikes her in- laws, the conduct might cause displeasure to her husband.
The judge further said the belief of enslavement by his wife, entertained by the deceased husband, appeared to be “overreactive”.
“During quarrels the deceased also participated in it and accused Sadhana cannot be blamed alone for it,” the judge said. Other members of her family, father Shriram Baretha, distant relative Santosh Kanojia and aunt Manjushree Jain were acquitted too.
The deceased, Rajkumar Kanojia, died by consuming bug spray on May 21, 2017. Among several reasons written in the suicide note, he blamed his wife for harassing him by refusing to have a child.
The judge said his wife Sadhana Kanojia‘s conduct, as per subjective assessment of the deceased who appeared to be hypersensitive, might be termed as harassment by him but it nowhere establishes a positive action by her which can be said to have led to the suicide. The judge said there is no such evidence to indicate she played an active role by an act of instigation or by doing a certain act to facilitate the commission of suicide. “The alleged act of Sadhana… that is, not to agree with her husband to have a child, leaving for maternal home after quarreling with her husband, asking her in-laws to live separately, putting the condition to stay with husband only if he stays independently from his parents and siblings in a rented room, calling her husband while on work and quarreling with him, all above acts attributed by the accused may be termed as harassment to the deceased but they cannot be said to be acts which incited the deceased to take the extreme step…,” the judge said.
Sadhana was the accused’s second wife. “Admittedly, the deceased’s first marriage was dissolved by decree of divorce. The deceased’s first marriage was a broken marriage. The circumstance leads this court to infer that the deceased was a hypersensitive person and was more attached to his family. He wanted to stay with his family jointly in one room but the accused Sadhana insisted her husband have independent accommodation,” the judge said, observing if a wife dislikes her in- laws, the conduct might cause displeasure to her husband.
The judge further said the belief of enslavement by his wife, entertained by the deceased husband, appeared to be “overreactive”.
“During quarrels the deceased also participated in it and accused Sadhana cannot be blamed alone for it,” the judge said. Other members of her family, father Shriram Baretha, distant relative Santosh Kanojia and aunt Manjushree Jain were acquitted too.
