In a significant ruling, the Gujarat High Court has clarified that a woman can file a cruelty case under Section 498A of the Indian Penal Code (IPC) even after a divorce, but only if the harassment or cruelty took place during the marriage. The court’s decision came while quashing an FIR filed by a divorced woman, as the allegations were found to pertain to incidents after the divorce.
The case was initiated by Sonalben, who accused her former husband and in-laws of subjecting her to severe mental and physical harassment during their marriage. She claimed that her in-laws encouraged her husband to physically assault her and even coerced her to take medication to terminate her pregnancy. When she refused, her husband allegedly threatened her life and abandoned her at her maternal home. After discovering that her husband had remarried, Sonalben decided to file a formal complaint against her ex-husband and his relatives.
The FIR included charges under Sections 498A, 294(b), 323, 114, 506(2), 494, and 114 of the IPC. However, by the time the complaint was filed, her husband had already obtained a divorce decree.
While examining the case, the court focused on the language of Section 498A of the IPC, which uses the terms “husband” and “relatives of the husband.” These refer to individuals who were in those roles during the marriage. Despite this, the court noted that Section 498A also uses the word “woman,” not just “wife,” meaning that a divorced woman can file a case if the cruelty occurred while the marriage was still in effect.
However, upon reviewing the FIR, the court found that the allegations made by Sonalben appeared to relate to incidents that occurred after the divorce was finalized. There were no clear claims of cruelty or harassment during the time when the marriage was still valid.
The court concluded that allowing the FIR to proceed would be unjust and an abuse of the legal process. As a result, it quashed the FIR and all related legal proceedings.
This ruling reaffirms that while Section 498A provides protection for women, it must be applied only to cases where the cruelty or harassment happened within the scope of the marriage. Any allegations made after the dissolution of the marriage do not fall under this section of the IPC.
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