December 3, 2015
Taunting, rudeness by in-laws is mundane, not cruelty: HC
AHMEDABAD: Bollywood cinema and saas-bahu serials have typecast tyrannical mother-inlaws. Interestingly , Gujarat high court (HC) has ruled that mere taunting and rude behaviour by in-laws is mundane and does not amount to cruelty for a woman to file an FIR against under section 498A of the Indian Penal Code (IPC).
The HC said that rude and uncultured behaviour and perfunctory abuses are mundane matters and they are not so serious an offence that could attract charges of cruelty on part of the in-laws. The court said so while exonerating three persons who were accused of domestic violence by their daughter-in-law in Petlad of Anand district.
Earlier this year, Neha lodged an FIR against her husband Haresh Gadhavi, his mother Gangaben, father Lalsingh and sister Anita on charges of domestic violence and beating as well as dowry demand. The family moved the HC to get the charges quashed. They submitted that Neha and Haresh’s wedding took place on December 8, 2009, and within a month’s time the husband left for London, where he was working.
The bride too joined the husband a few months later in 2010. She lived in London for two years and returned to India in 2012 after she was taken ill.Upon arrival, she did not go to live at her matrimonial home and instead stayed at her parental house.
In 2015, she lodged an FIR complaining that she was treated cruelly by in-laws, who used to hurl abuses. She also complained that while at her parental house, she waited for them to take her back to husband’s house, but none turned up. Although she was ill, yet none turned up to inquire about her.
After hearing the case, Justice J B Pardiwala quashed charges against three except the husband, who proposed to withdraw his plea. While exonerating in-laws, the court said, “Rude and uncultured behaviour as well as perfunctory abuses are mundane matters and would not attract the rigours of section 498A of the IPC.There has to be something more to attract section 498A of the IPC.”
http://timesofindia.indiatimes.com/city/ahmedabad/Taunting-rudeness-by-in-laws-is-mundane-not-cruelty-HC/articleshow/49947704.cms
The HC said that rude and uncultured behaviour and perfunctory abuses are mundane matters and they are not so serious an offence that could attract charges of cruelty on part of the in-laws. The court said so while exonerating three persons who were accused of domestic violence by their daughter-in-law in Petlad of Anand district.
Earlier this year, Neha lodged an FIR against her husband Haresh Gadhavi, his mother Gangaben, father Lalsingh and sister Anita on charges of domestic violence and beating as well as dowry demand. The family moved the HC to get the charges quashed. They submitted that Neha and Haresh’s wedding took place on December 8, 2009, and within a month’s time the husband left for London, where he was working.
The bride too joined the husband a few months later in 2010. She lived in London for two years and returned to India in 2012 after she was taken ill.Upon arrival, she did not go to live at her matrimonial home and instead stayed at her parental house.
In 2015, she lodged an FIR complaining that she was treated cruelly by in-laws, who used to hurl abuses. She also complained that while at her parental house, she waited for them to take her back to husband’s house, but none turned up. Although she was ill, yet none turned up to inquire about her.
After hearing the case, Justice J B Pardiwala quashed charges against three except the husband, who proposed to withdraw his plea. While exonerating in-laws, the court said, “Rude and uncultured behaviour as well as perfunctory abuses are mundane matters and would not attract the rigours of section 498A of the IPC.There has to be something more to attract section 498A of the IPC.”
http://timesofindia.indiatimes.com/city/ahmedabad/Taunting-rudeness-by-in-laws-is-mundane-not-cruelty-HC/articleshow/49947704.cms
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