Gujarat High Court: Woman Can File Cruelty Case Under Section 498A IPC After Divorce, But Only for Incidents During Marriage
The Gujarat High Court has ruled that a divorced woman can file a cruelty case under Section 498A of the Indian Penal Code (IPC), but only if the alleged harassment and cruelty happened during the marriage.
Case Background
The ruling was given in a petition filed under Section 482 of the Code of Criminal Procedure, 1973. The petition was submitted by a divorced husband and his family, requesting to quash an FIR registered under IPC Sections 498A, 294(b), 323, 114, 506(2), and 494.
The complaint was filed by Sonalben, who accused her former husband and in-laws of physical and mental harassment during her marriage. She claimed that:
- Her in-laws incited her husband to physically assault her.
- She was forced to take medication to terminate her pregnancy and was threatened when she refused.
- Her husband abandoned her at her parents’ home.
- After learning that her husband remarried, she filed a complaint against him and his family for domestic violence and cruelty.
At the time of filing the complaint, her husband had already obtained a divorce decree.
Court’s Observations
The court focused on Sections 498A and 494 of IPC, clarifying their meaning:
- Section 498A applies to “the husband” and “relatives of the husband” while the marriage is still valid.
- However, the law also uses the word “woman” instead of “wife,” which means that a divorced woman can file a case under Section 498A, but only if the alleged harassment happened before the divorce.
Court’s Decision
- After reviewing the FIR, the court did not find any allegations of harassment during the marriage.
- The claims in the FIR were related to incidents after the divorce, which do not qualify for a case under Section 498A IPC.
- The court ruled that allowing the case to continue would be an abuse of the legal process and cause unnecessary harassment to the accused.
Final Judgment
The Gujarat High Court quashed the FIR and all legal proceedings arising from it. The court emphasized that criminal cases should not be filed for incidents that do not meet the legal criteria, as it wastes court resources and causes undue hardship.
This ruling provides clarity on filing cruelty cases under IPC Section 498A after divorce, ensuring that only genuine cases of marital cruelty are pursued in court.
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