Child’s Custody With Husband Not Cruelty Under Section 498A IPC: Delhi High Court

The Delhi High Court has ruled that a child staying with the husband after a marital dispute doesn’t amount to cruelty or harassment under Section 498A of the IPC.

Justice Neena Bansal Krishna made the observation while quashing a chargesheet filed against the wife's in-laws.

The Court found the FIR lodged after the husband filed for divorce was a misuse of Section 498A, aimed at pressuring the husband’s family.

However, it refused to quash the wife's domestic violence complaint, holding that her right to claim residence and other reliefs under the DV Act still needed to be adjudicated on merits by the trial court.