Woman Can File Cruelty Case Under Section 498A IPC After Divorce for Incidents During Marriage: Gujarat High Court
The Gujarat High Court recently ruled that a woman can file a cruelty case under Section 498A of the Indian Penal Code (IPC) after divorce, but only for incidents that occurred while the marriage was still in effect.
This ruling came in response to a petition filed under Section 482 of the Code of Criminal Procedure, 1973. The petition was submitted by the complainant’s former husband and his relatives, seeking to quash an FIR filed under Sections 498(A), 294(b), 323, 114, 506(2), 494, and 114 of the IPC.
Sonalben, the complainant, alleged that her in-laws and family members subjected her to physical and mental harassment. She claimed this mistreatment escalated to the point where they incited her husband to physically assault her. Sonalben further alleged that she was coerced into taking medication to terminate her pregnancy and, upon refusal, was threatened and abandoned by her husband.
Upon discovering that her husband had remarried, Sonalben decided to file a complaint against her in-laws for emotional and physical abuse. At this time, her husband had already obtained a divorce decree, making Sonalben a divorced wife when she filed the FIR.
The court emphasized that the primary charges in the FIR pertained to Sections 498A and 494 of the IPC. While explaining Section 498A, the court noted that terms like “the husband” and “relatives of the husband” refer to individuals who are currently in those roles.
However, the court also highlighted that Section 498A uses the term “woman” rather than “wife,” allowing a divorced wife to file a complaint if she alleges incidents of harassment and cruelty during the marriage.
Upon reviewing the FIR, the court found that the complainant did not allege any incidents of harassment and cruelty during the marriage. The FIR indicated that the allegations were aimed at events occurring after the divorce.
The court concluded that the FIR did not disclose essential elements of offenses under Sections 498A and 494 IPC. Continuing the investigation and criminal case would be unjust and an abuse of the court process. Thus, the court quashed the FIR and all related proceedings.
Case Title: Rameshbhai Danjibhai Solanki & 7 Others Versus State Of Gujarat & 1 Other
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==
