Relatives’ Refusal to Address Husband’s Affair or Advice to ‘Tolerate’ Beating Not Cruelty: Bombay High Court

The Bombay High Court held that a father-in-law refusing to hear a wife’s complaint about her husband’s extra-marital affair, and a brother-in-law telling her to “tolerate” the husband’s beating, does not by itself amount to cruelty under Section 498A IPC.

It noted the allegations that the relatives “polluted” the husband’s mind and expressed displeasure over insufficient dowry do not meet the statutory explanation of “cruelty” under Section 498A IPC.

The Court stressed that unfounded criminal prosecution in matrimonial disputes causes serious mental, financial, and that continuing such proceedings would be abuse of legal process.

The FIR was quashed. 

[Amrik Singh Saini v. State of Maharashtra]