The Bombay High Court (HC)‘s Aurangabad Bench has overturned a family’s conviction in a domestic cruelty case, ruling that preventing a woman from watching television, visiting temples, or meeting neighbours does not constitute “severe cruelty” under Section 498A of the Indian Penal Code (IPC).
Here’s what Bombay HC said:
Justice Abhay S Waghwase, presiding over the case, determined that these restrictions, which included making the woman sleep on a carpet, fell within the realm of domestic affairs rather than meeting the threshold for physical and mental cruelty.
The case stemmed from allegations that led to the woman’s death by suicide on May 1, 2002. Her family had accused her husband and in-laws of cruel treatment, including forcing her to fetch water at midnight. However, the defence successfully argued that water supply began at that hour in their village, making the 1:30 AM water collection routine for all households.
In its ruling, the Bombay HC also highlighted significant gaps in the prosecution’s case. “There is a gap of almost two months since the deceased, complainant and witnesses met each other,” the court noted. “They (mother, uncle and aunt of deceased) have admitted that, there was no communication from deceased either written or oral, she has not conveyed that there were any instances of cruelty in proximity to suicide.”
No evidence of cruelty, says Bombay HC
The judgment further emphasized the lack of evidence connecting any alleged cruelty to the woman’s death: “There is no evidence to show that at that relevant point or any proximity to the suicide, there was any demand, cruelty or mal-treatment to connect them with the suicidal death. What triggered the suicide has remained a mystery.”
This ruling effectively overturns the trial court’s earlier conviction of the husband and his family members, establishing a precedent for what constitutes “severe” cruelty under Section 498A of the IPC in domestic dispute cases.
