Bombay HC acquits man accused for ‘taunting wife’, says it’s not ‘cruelty’
1 month, 2 weeks ago

Bombay HC acquits man accused for ‘taunting wife’, says it’s not ‘cruelty’

Live Mint  

The Bombay High Court on Saturday observed that allegations of taunting a wife, not allowing her to visit temple alone or making her sleep on a carpet cannot be considered as 'cruelty under IPC Section 498A, legal news portal LiveLaw reported on Saturday. As per the high court's October 17 order, allegations against the accused include not allowing the deceased woman to interact with neighbours or visit a temple alone, taunting her for the food she cooked, not allowing her to watch TV, making her sleep on a carpet. The high court bench observed that such allegations of 'cruelty' cannot be considered as 'severe under the concerned section citing it concerned the domestic affairs of a household. Basing the testimony by the woman's in-laws, the high court noted that the allegations could not be considered as an immediate cause of suicide as the deceased had visited her in-laws house almost two months before ending her life.

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History of this topic

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him
1 day, 4 hours ago

Calcutta High Court grants divorce decree to husband for 'Imposition' of wife's friend, family on him

The Hindu  

The Calcutta High Court has granted a divorce decree to a husband on the grounds of cruelty, which includes "imposition" of the wife’s friend and family on him and lodging of a false case of matrimonial cruelty by her. "Such imposition of friend and family of the respondent on the husband at his quarter against his will, sometimes even when …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
1 week, 6 days ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. It is further seen that since the year 2020, when she filed the first case, the complainant has left her matrimonial home and has now after …

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home
1 week, 6 days ago

Calcutta High Court Quashes Cruelty Case Filed By Wife Against Husband 3 Yrs After Leaving Matrimonial Home

Live Law  

The Calcutta High Court has quashed a case initiated by a wife against her husband under Section 498A of the IPC, accusing him of cruelty towards her, three years after leaving their matrimonial home. While the wife had left the husband's house in 2020, she filed a complaint accusing him of cruelty in 2023.Justice Shampa Paul held: The allegations in …

‘Taunting wife, not allowing her to watch TV cannot be cruelty’, says Bombay high court
1 month, 2 weeks ago

‘Taunting wife, not allowing her to watch TV cannot be cruelty’, says Bombay high court

Hindustan Times  

The Bombay High Court has said that allegations of taunting a wife, not allowing her to visit temple alone or making her sleep on a carpet cannot be considered as “cruelty” under IPC Section 498A, legal news portal LiveLaw reported. According to the high court's October 17 order, allegations against the accused included taunting the deceased woman for the food …

Making daughter-in-law sleep on carpet, prohibiting TV not cruelty: High Court
1 month, 2 weeks ago

Making daughter-in-law sleep on carpet, prohibiting TV not cruelty: High Court

India Today  

The Aurangabad bench of the Bombay High Court overturned a 20-year-old conviction against a man and his family for alleged cruelty towards his late wife. The court found that accusations of taunting her, not letting her watch TV, forbidding her from visiting the temple alone, and making her sleep on a carpet did not amount to “severe” actions under Section …

Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court
1 month, 2 weeks ago

Not Allowing Daughter-In-Law To Watch TV, Meet Neighbours, Go To Temple Alone & Making Her Sleep On Carpet Is Not Cruelty: Bombay High Court

Live Law  

Quashing a 20-year-old order convicting a man and his family for cruelty towards his deceased wife, the Aurangabad bench of the Bombay High Court said that the allegations of taunting the deceased, not allowing her to watch TV, not allowing her to go alone to the temple and making her sleep on a carpet would not constitute the offence of …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
2 months, 3 weeks ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
4 months ago

Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court

Live Law  

In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code. "As the applicant is not the relative of husband of the complainant, 498-A of the Indian Penal Code shall not be attracted. …

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC
4 months, 2 weeks ago

S. 498A IPC | In-Laws Can't Be Booked Merely On Allegations That They Supported Husband Who Subjected Wife To Cruelty: Bombay HC

Live Law  

The Bombay High Court recently held that merely because the complaint states that the in-laws supported the husband in subjecting her to cruelty would not mean that they have committed the offence punishable under Section 498A of the IPC.A division bench of Justices Bharati Dangre and Manjusha Deshpande quashed a case of cruelty against four members of a family, all …

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
5 months ago

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A of the Indian Penal Code. Allegations of ill-treatment by a man against his own family members do not fall within the scope and ambit of Section 498 of …

HC quashes dowry harassment case against sister-in-law, upholds charges against mother-in-law
5 months, 3 weeks ago

HC quashes dowry harassment case against sister-in-law, upholds charges against mother-in-law

Hindustan Times  

MUMBAI: The Bombay high court recently quashed charges against a sister-in-law, accused of dowry harassment and cruelty, while holding the victim’s mother-in-law responsible for playing a significant role in making repeated demands for money and subjecting the victim to physical harassment. The victim, who married into the Yadav family on May 5, 1996, in Mumbai, claimed that her husband and …

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage
11 months, 3 weeks ago

Lodging False Case U/S 498A IPC Is An Element Of Cruelty By Wife, Cannot Ignore The Same: Calcutta High Court Allows Dissolution Of Marriage

Live Law  

The Calcutta High Court has recently held that a wife making false allegations against her husband & his family members under section 498A of the IPC would constitute an element of the offence of cruelty, which is a ground for dissolution of marriage under the Hindu Marriage Act.In allowing the husband's plea for dissolution of marriage, a division bench of …

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court
1 year, 2 months ago

Offence of cruelty to wife inapplicable in live-in relationship: Kerala High Court

Hindustan Times  

The Kerala High Court recently observed that punishments relating to cruelty to a married woman, under Indian Penal Code section 498A, cannot be applied to or invoked by women in live-in relationships. But, when there was no solemnisation of marriage at all, and only live in relationship on the basis of a marriage agreement, then the woman cannot seek shelter …

Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC
1 year, 2 months ago

Cruelty Under Section 498A of IPC Not Applicable to Live-in Relationships: Kerala HC

News 18  

A man or his relatives cannot be held guilty for cruelty towards a woman under section 498A of the IPC if there was only a live-in relationship and no solemnisation of marriage, the Kerala High Court has held. The High Court said that the trial and appellate courts “went wrong in finding the revision petitioners guilty under section 498A and …

Making False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Members Is An Act Of Extremely Cruelty: Delhi High Court
1 year, 3 months ago

Making False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Members Is An Act Of Extremely Cruelty: Delhi High Court

Live Law  

The Delhi High Court has observed that making false allegations of dowry harassment or rape against the husband’s family members is an act of extreme cruelty for which there can be no condonation. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order which held a husband as entitled to divorce from …

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court
1 year, 3 months ago

Day-To-Day Bickering Between Husband & Wife Not ‘Cruelty’ Under Section 498A IPC: Calcutta High Court

Live Law  

The Calcutta High Court’s Circuit Bench at Jalpaiguri has recently held that cruelty contemplated u/s 498A would be different from general matrimonial disturbances faced by a couple, and that general allegations could not be made to establish a crime u/s 498A. In upholding the appellant’s conviction u/s 323 IPC for voluntarily causing hurt to his wife, while discharging him u/s …

No law gives right to husband to beat, torture wife: Delhi High Court
1 year, 3 months ago

No law gives right to husband to beat, torture wife: Delhi High Court

India Today  

No law gives the right to a husband to beat and torture his wife, the Delhi High Court held while granting divorce to a woman on the grounds of cruelty and desertion by her husband. The high court said, in this case, it has been proved that the man failed to resume companionship with his wife and not only did …

Wife Making False Allegations Against Husband, Constant Threat Regarding Being Summoned By Police Are Acts Of Cruelty: Delhi High Court
1 year, 4 months ago

Wife Making False Allegations Against Husband, Constant Threat Regarding Being Summoned By Police Are Acts Of Cruelty: Delhi High Court

Live Law  

The Delhi High Court has observed that a wife’s conduct of making false allegations against the husband and his family members and a constant threat to them regarding being summoned to the police station are acts of cruelty which severely impact mental balance.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna allowed a husband’s appeal against …

Calling husband 'womaniser', 'alcoholic' without proof is cruelty: Bombay HC
2 years, 1 month ago

Calling husband 'womaniser', 'alcoholic' without proof is cruelty: Bombay HC

Hindustan Times  

The Bombay High Court has said defaming husband and calling him a womaniser and alcoholic without substantiating the allegations amount to cruelty, and upheld a family court order dissolving the marriage of a Pune-based couple. The bench said the wife's conduct in making unwarranted and false allegations against her husband's character results in damage to his reputation in society and …

Bombay HC upholds life term of man for murder of wife, sons over suspicion of affair
2 years, 3 months ago

Bombay HC upholds life term of man for murder of wife, sons over suspicion of affair

India Today  

Bombay high court has rejected the appeal of a convict and upheld his life sentence for the cold-blooded murder of his wife and minor sons in Nashik in 2012. However, the bench of Justices AS Gadkari and MN Jadhav said that on the facts and circumstances of the present case, if it was the case of pal that Sangita and …

'Cruelty' & 'Abetment To Suicide' Independent Offences; Accused Being Guilty Of Former Doesn't Imply He's Automatically Guilty Of Latter: Kerala High Court
2 years, 4 months ago

'Cruelty' & 'Abetment To Suicide' Independent Offences; Accused Being Guilty Of Former Doesn't Imply He's Automatically Guilty Of Latter: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that merely because an accused is found guilty under Section 498A of the IPC, does not imply that he must also be held guilty of abetting his wife's suicide under Section 306 IPC. The Court was adjudicating upon an appeal moved by the husband and mother-in-law of a deceased woman, challenging their conviction …

Bombay HC rejects bail plea of man who circulated woman's obscene video
2 years, 6 months ago

Bombay HC rejects bail plea of man who circulated woman's obscene video

India Today  

Bombay High Court on Friday refused to grant anticipatory bail to a man who was accused of circulating obscene videos of a friend’s wife. The bench of Justice Bharti Dangre of Bombay HC has refused to grant anticipatory bail to the man while saying that the accused is facing "serious allegations and exploited a woman by publishing her nude videos. …

Bombay High Court denies relief to husband, in-laws accused of cruelty by wife
2 years, 6 months ago

Bombay High Court denies relief to husband, in-laws accused of cruelty by wife

India Today  

The Nagpur bench of Bombay High Court has refused to grant any relief to husband and in-laws of a woman who was subjected to cruelty at home. The bench of Justices SB Shukre and GA Sanap said, "It is well settled law that the allegations made by the witnesses against the accused persons are to be scrutinised on their face …

'Mental Cruelty' if Wife Bent Upon Targeting Husband's Career, Reputation: Punjab and Haryana HC
2 years, 8 months ago

'Mental Cruelty' if Wife Bent Upon Targeting Husband's Career, Reputation: Punjab and Haryana HC

News 18  

If a woman is bent upon destroying the career and reputation of her estranged husband by raising complaints against him to his seniors, it would amount to mental cruelty, making the man entitled to a divorce, the Punjab and Haryana High Court has ruled. The court was hearing a plea filed by an Indian Air Force personnel to divorce his …

Bombay HC upholds conviction of husband, in-laws in forced abortion case
2 years, 11 months ago

Bombay HC upholds conviction of husband, in-laws in forced abortion case

India Today  

The Aurangabad Bench of Bombay High Court recently observed that forcibly aborting the foetus of a woman amounts to cruelty, while upholding the order convicting her husband and in-laws for attempting to murder her. The observation came by the Bench of Justices VK Jadhav and SC More in partly allowing the appeal filed by the husband and his parents against …

Wife Making Serious Unproved Allegations Of Criminal Conduct Against Husband Constitutes 'Cruelty': Delhi High Court Upholds Divorce Decree
3 years, 1 month ago

Wife Making Serious Unproved Allegations Of Criminal Conduct Against Husband Constitutes 'Cruelty': Delhi High Court Upholds Divorce Decree

Live Law  

The Delhi High Court recently observed that a wife making serious allegations of criminal conduct against her husband and his parents, which she was unable to prove in Trial Court, amounts to an act of "cruelty". The Division Bench of Justice Vipin Sanghi and Justice Jasmeet Singh thus upheld the divorce decree granted to the husband by a Family Court …

Delhi HC Denies Divorce To Husband Saying Wife's Allegation Of Dowry Demand & Alcoholism Didn't Amount To 'Cruelty'
3 years, 1 month ago

Delhi HC Denies Divorce To Husband Saying Wife's Allegation Of Dowry Demand & Alcoholism Didn't Amount To 'Cruelty'

Live Law  

The Delhi High Court has recently observed that normal wear and tear in a marital relationship is to be expected, however, it cannot be a reason to end the relationship.Justice Vipin Sanghi and Justice Jasmeet Singh further observed that the allegations made by the wife against husband demanding dowry and indulging in alcohol consumption, do not tantamount to making serious …

Bombay HC acquits man of rape, says impossible for a single man to gag victim, remove her clothes without scuffle
3 years, 10 months ago

Bombay HC acquits man of rape, says impossible for a single man to gag victim, remove her clothes without scuffle

India Today  

Justice Pushpa Ganediwala of the Nagpur bench of Bombay High Court whose recent order on a case under POCSO Act came under scrutiny recently acquitted a man of rape charges, stating that it seemed “highly impossible for a single man to gag the victim and remove her and his clothes at the same time without any scuffle.” “It seems highly …

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