Bombay High Court: In-Laws Asking Wife to Divorce Husband Not Cruelty Under Section 498-A

The Bombay High Court has ruled that asking a woman to divorce her husband so he may remarry someone from a higher caste does not, by itself, amount to cruelty under Section 498-A of the IPC.

The court observed that such a demand, without evidence of abuse, dowry harassment, or provocation leading to suicidal tendencies, cannot sustain prosecution.

The ruling came while quashing an FIR against the petitioner, the husband’s sister. However, the court declined to quash proceedings against the husband and parents, noting prima facie evidence of caste-based abuse.