Denying Medical Treatment to Wife for Dowry is Cruelty, Says Jharkhand High Court
The Jharkhand High Court has ruled that if a husband refuses to provide proper medical treatment to his wife to force a dowry demand, it is considered cruelty under Section 498A of the Indian Penal Code (IPC).
Justice Ambuj Nath passed this judgment while upholding the conviction of Sanjay Kumar Rai, who was found guilty of being cruel to his wife, Neelam Devi, under Section 498A IPC.
The Court was hearing three connected revision petitions:
- One by Neelam Devi, later continued by her father Ram Kripal Singh after her death.
- One by her husband Sanjay Kumar Rai, who challenged his conviction under Section 498A.
- One by Neelam’s father, who challenged the acquittal of her brother-in-law Bhageshwar Roy.
Background of the Case:
Neelam Devi had filed a complaint stating that she married Sanjay Kumar Rai in June 2006. In her husband’s absence, her in-laws often mistreated her. When she informed her husband, he demanded a car as dowry and eventually forced her to leave the house. Later, the in-laws came to her home and forced her to sign blank papers.
Neelam also said that when she was diagnosed with cancer, her husband refused to get her medical treatment. He said her father hadn’t given enough dowry for that.
Court’s Findings:
After reviewing witness statements and evidence, the Court noted that the allegations against the in-laws were general and lacked detail. There was no solid proof of physical harm or clear instances of abuse by them. Therefore, their acquittal by the lower courts was confirmed.
Regarding Bhageshwar Roy, the Court agreed that the claims against him were vague and supported his acquittal.
However, the husband’s refusal to provide medical care, especially during a serious illness like cancer, was seen as a direct act of cruelty connected to dowry demands. Both the Trial Court and the Appellate Court found him guilty, and the High Court confirmed this judgment.
As a result, Sanjay Kumar Rai’s revision petition was dismissed, and his conviction was upheld.
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