The Andhra Pradesh High Court recently dismissed a criminal case filed by a woman against her husband and in-laws, stating that refusing to take responsibility for a child’s treatment does not fall under the definition of cruelty as per Section 498-A of the Indian Penal Code (IPC).
The wife had filed a complaint under Sections 498-A, 506, and 354 r/w 34 of IPC, accusing her husband and in-laws of harassment for money and neglecting their child when he needed medical treatment. The marriage took place in November 2011, and the couple had a son in September 2015. The wife alleged that she faced harassment for money and was sent back to her parental home without any financial or emotional support from her husband or in-laws.
According to her, the child required an operation, but the husband and in-laws did not provide any assistance. In response, the husband and in-laws argued that the complaint, filed in May 2019, was beyond the three-year limitation period prescribed under Section 468 of the Cr.P.C., as the alleged incidents occurred before November 2015.
The High Court bench, led by Justice R. Raghunandan Rao, noted that the magistrate failed to record valid reasons for taking cognizance of the case. The court also pointed out that the complaint was indeed filed beyond the three-year limitation period, and hence, the charges under Sections 498-A, 506, and 509 IPC were not applicable.
The court clarified that allegations of neglect and refusal to visit or meet the child do not constitute cruelty under IPC Section 498-A. Additionally, it noted inconsistencies regarding charges under Section 354 IPC, as the investigating officer had already dropped this charge, and there was no explanation for not considering Section 509 IPC.
In conclusion, the court ruled that the complaint was time-barred and dismissed the case, emphasizing that neglect alone does not meet the criteria for cruelty under IPC Section 498-A.
Case Title: GMR v. Smt. GS
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