Bombay High Court: Asking Wife to Bring Money Without Threat or Abuse Is Not Harassment
The Bombay High Court recently ruled that simply telling a wife she cannot live with her husband unless she brings money from her parents does not automatically count as mental or physical harassment.
A division bench of Justices Vibha Kankanwadi and Rohit Joshi made this observation while hearing a case where a woman filed a complaint against her husband and his family. She alleged they demanded ₹5 lakh from her parents so her husband could secure a permanent government job. However, she also admitted that her parents were too poor to arrange the amount.
The Court noted that the woman failed to provide specific details, such as exact dates or the time period during which these demands were made. Her complaint only had vague allegations and did not show how she was subjected to cruelty or maltreatment.
The judges also raised concerns about how such cases are investigated by the police. They observed that the police mainly recorded statements from the woman’s relatives, many of which seemed to be just copied and pasted without any real investigation.
Importantly, the Court highlighted that just because a person is named in an FIR, it doesn’t mean the police must charge everyone. The investigating officer should file a chargesheet only against those for whom there is strong evidence. They stressed the need to avoid unnecessary harassment and false accusations.
In this case, the FIR was filed not just against the husband, but also against his parents, brother, married sister, her husband, and a cousin. After reviewing the facts, the Court decided to quash the FIR.
The judges made it clear:
“If the accused persons live far away, the police must check how they could have been involved. Only those with strong evidence against them should face charges.”
Thus, the Bombay High Court protected the rights of the accused by ensuring false cases do not lead to unnecessary harassment.
[Case Title: MM vs State of Maharashtra]
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