In the 2009 case of Manju Ram Kalita v. State of Assam, the court addressed whether minor disagreements can be classified as “cruelty” under Section 498A IPC. The wife accused her husband of physical and mental cruelty, but he denied these allegations.
The court clarified that “cruelty” in the context of Section 498A IPC must be assessed based on the severity and persistence of the husband’s actions. It is not enough for the cruelty to be a result of minor quarrels or isolated incidents. The behavior must be serious enough to potentially drive the woman to extreme measures, such as suicide. The court ruled that petty disagreements do not qualify as cruelty under this section.
Our Take: When a 498A complaint is filed, it is crucial to conduct a thorough investigation rather than immediately arresting and harassing the husband and his family based on unverified claims. Proper investigation helps ensure that only genuine cases of cruelty are addressed.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==