Can Small Fights Be Considered Cruelty Under Section 498A IPC?
In the case of Manju Ram Kalita v. State of Assam (2009), the Supreme Court of India gave an important ruling on what counts as “cruelty” under Section 498A of the Indian Penal Code (IPC).
In this case, the wife accused her husband of causing her mental and physical cruelty and filed a complaint under Section 498A IPC. The husband denied all the charges.
The Court explained that not all disputes between a husband and wife can be seen as cruelty. For something to be called “cruelty” under this law, it must be serious and continuous. It should be the kind of behavior that could push the woman to commit suicide or cause her severe harm.
The Court clearly said that petty quarrels or everyday disagreements cannot be treated as cruelty under Section 498A. There must be solid proof that the woman was mistreated regularly or around the time she filed the complaint.
Our View:
When a woman files a complaint under Section 498A, the police should first do a proper investigation. Arresting the husband or his family based only on the complaint, without any proof, can cause unfair suffering and damage relationships unnecessarily.
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==