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News18
7 days ago
- News18
Bombay HC Quashes Woman's Complaint Against Husband: 'Comments On Cooking, Attire Not Cruelty'
The woman alleged that about a month after her marriage in March 2022, she was harassed mentally and physically by her husband and her in-laws. The Bombay High Court on Friday quashed a criminal case against a man and his family filed by his estranged wife, observing that remarks on a wife's attire or cooking skills did not constitute grave cruelty or harassment. 'Making annoying statements that the informant was not wearing proper clothes, was not able to cook food properly, cannot be said to be acts of grave cruelty or harassment," said a bench of Justices Vibha Kankanwadi and Sanjay Deshmukh. The court further said, 'When the relationship gets strained, it appears that exaggerations are made. When everything was disclosed prior to the marriage and allegations are omnibus or of not so grave for befitting in the concept of cruelty contemplated under Section 498-A of the Indian Penal Code, it would be an abuse of process of law if the applicants are asked to face the trial." The woman alleged that about a month after her marriage in March 2022, she was harassed mentally and physically by her husband and her in-laws. She claimed her husband's mental condition was concealed before marriage and he was undergoing psychological treatment. The complainant also accused her in-laws of insulting her for not bringing gifts, demanding Rs 15 lakh during Diwali for a flat and driving her out of the house in June 2023. The husband and his family moved the High Court to quash the case. The woman and her counsel argued that the acts amounted to cruelty under Section 498A, and alleged a pattern of physical and mental harassment, including monitoring her phone and questioning her character. However, the court said that the allegations were 'omnibus" in nature and lacked corroborative evidence, and that the investigating officer had not even questioned the couple's neighbours. It also observed that the wife was aware of the husband's health condition prior to marriage, based on chat records. Section 498A of the Indian Penal Code (now Section 85 of the Bharatiya Nyaya Sanhita) pertains to cruelty inflicted on a woman by her husband or his relatives. It is classified as a cognisable, non-bailable, and non-compoundable offence. This means that police can arrest the accused without a warrant, bail is not granted as a matter of right, and the case cannot be resolved through a private settlement outside the court. view comments First Published: Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Hindustan Times
08-08-2025
- Hindustan Times
Remarks on wife's clothing or cooking not cruelty: Bombay high court
MUMBAI: Nearly two weeks after the Bombay high court ruled that taunts over skin colour or cooking skills do not amount to 'cruelty' under the Indian Penal Code (IPC), its Aurangabad bench has made a similar observation—holding that remarks about a wife's clothing or cooking abilities cannot be treated as 'grave cruelty' by husband or relative under section 498-A. The Bombay high court order came in a case involving a woman who had married on March 24, 2022, nearly a decade after divorcing her first husband.(Representational) The order came in a case involving a woman who had married on March 24, 2022, nearly a decade after divorcing her first husband. She alleged that within two months of her second marriage, her husband and in-laws began harassing her—demanding ₹15 lakh to buy a flat, insulting her, and concealing information about her husband's physical and mental health. She claimed she was driven out of the matrimonial home on June 11, 2023. On August 12, 2023, she lodged a complaint at Pundlik Nagar police station, Aurangabad, accusing her husband and in-laws of offences under sections 498-A (cruelty), 323 (causing hurt), 504 (intentional insult), 506 (criminal intimidation), read with section 34 (common intention) of the IPC. The case is pending before the chief judicial magistrate. The woman's counsel argued before the high court that the harassment was both physical and mental, citing restrictions on her communication, accusations about her character, and monitoring of her phone and messaging apps. They also claimed her husband had hidden the fact that he could not father a child and suffered from mental illness. However, the division bench of justices Vibha Kankanwadi and Sanjay Deshmukh noted that some of the allegations appeared exaggerated and that certain health-related disclosures had been made before the marriage. 'When relationships get strained, exaggerations are made,' the court observed, adding that the claims did not meet the legal threshold for cruelty under Section 498-A. 'Making annoying statements that the informant was not wearing proper clothes or was unable to cook food properly cannot be said to be acts of grave cruelty or harassment,' the bench said, quashing the criminal proceedings against the husband and his family. In a similar ruling late last month, the high court's principal bench in Mumbai had acquitted a man convicted 27 years ago for abetment to suicide, holding that taunting a wife over her complexion or criticising her cooking were domestic quarrels, not criminal cruelty.
Hindustan Times
07-05-2025
- Hindustan Times
‘Copy paste job in witness statements dangerous': HC directs state to frame guidelines
MUMBAI: The Aurangabad bench of the Bombay high court on Tuesday took suo motu cognisance of the 'copy-paste' culture among investigating officers while recording witness statements. (Shutterstock) 'The culture of copy-paste statements is dangerous and may, in certain cases unnecessarily, give advantage to the accused persons,' the division bench of justices Vibha Kankanwadi and Sanjay Deshmukh said, directing the state government o frame guidelines to curb the malpractice. The bench questioned the integrity of witness statements and wondered why witnesses were even called by the police to record their statements. 'It is high time to take cognisance of the issue suo motu and to consider, as to what are those shortcomings or difficulties for the investigating officer/ officers when they record such copy-paste statements,' the court said. The court was hearing a petition filed by Amol Samadhan Nikam, 26, and four other family members, who sought the quashing of criminal proceedings against them, pending before the sessions court in Jalgaon. The case stems from a first information report (FIR) registered at the Erandol police station in Jalgaon on February 24, 2024, for abetment to suicide of a minor. The case was initially registered as an accidental death under section 174 (police inquiry in cases of unnatural or suspicious death) of the Code of Criminal Procedure. Subsequently, an offence was registered under section 306 of the Indian Penal Code, pertaining to abetment of suicide, although the deceased was 17 years and 9 months old at the time of death. Section 105 of the penal code, pertaining to abetment of suicide of a child or insane person, was added after the police found the deceased's birth certificate. When the division bench went through the charge sheet filed by police, it noticed that the investigating officer had merely copy pasted witness statements despite the seriousness of the case. The court stressed on the need to formulate guidelines for investigating officers and appointed advocate Mukul Kulkarni as amicus curiae. It directed Kulkarni to collect data and suggest measures the state government can take to curb the 'copy-paste' malpractice and improve the quality of investigation.
Economic Times
06-05-2025
- Economic Times
Bombay HC frowns on copy-pasted witness statements; says dangerous practice, may benefit accused
Bombay High Court Synopsis The Bombay High Court has directed the Maharashtra government to issue guidelines addressing the concerning practice of investigating officers copy-pasting witness statements in charge sheets, even in serious cases. The court observed striking similarities in witness accounts, raising doubts about the integrity of the investigation process. This practice, the court warned, could undermine genuine cases and potentially benefit the accused. Taking notice of the "dangerous culture" of investigating officers copy-pasting witness statements even while filing charge sheets in serious offences, the Bombay High Court has asked the Maharashtra government to issue necessary guidelines. ADVERTISEMENT Hearing a petition in a criminal matter, the bench noted that the statements of witnesses reproduced in the charge sheet were so similar that even "the paragraphs start with the same words and end with the same words". If the police were cutting corners in this way even in serious cases, it was not a good sign for the criminal justice system, said Justices Vibha Kankanwadi and Sanjay Deshmukh of the Aurangabad bench in a recent order. "It is high time to take cognizance of the issue suo motu (on its own) and to consider, as to what are those shortcomings or difficulties for the investigating officer/ officers when they record such copy-paste statements," the court said. The bench asked the state government to come out with specific guidelines for police officials as to how a statement should be court was hearing a petition filed by some persons seeking to quash an FIR registered against them for alleged abetment to the suicide of a 17-year-old youth. After going through the charge sheet, the court noticed that even in a serious offence, the investigating officer had "literally copy-pasted" the witnesses' statements."Even the paragraphs start with the same words and end with the same words," the HC remarked. "The culture of copy-paste statements is dangerous and may, in certain cases unnecessarily, give advantage to the accused. ADVERTISEMENT In such circumstances, the seriousness of a genuine case may vanish," the bench said. It wondered if the witnesses were even called by the police for recording a statement. In the case before it, the high court refused to grant any relief to the accused, noting that it was a serious offence. The HC appointed advocate Mukul Kulkarni to assist it, asking him to collect data and suggest measures which the government may take to prevent such practices and improve the quality of investigation overall. The bench posted the matter for further hearing on June 27. (You can now subscribe to our Economic Times WhatsApp channel) (Catch all the Business News, Breaking News, Budget 2025 Events and Latest News Updates on The Economic Times.) Subscribe to The Economic Times Prime and read the ET ePaper online. NEXT STORY
Indian Express
24-04-2025
- Indian Express
Only instant triple talaq barred, not Talaq-e-Ahsan: Bombay HC
Only instant triple talaq is prohibited and not the traditional method of divorce called 'Talaq-e-Ahsan', the Bombay High Court has said quashing a case lodged against a man and his parents on his wife's complaint. The definition of divorce under the Muslim Women (Protection of Rights on Marriage) Act only includes those forms of talaq which have an effect of instantaneous or irrevocable divorce, Justices Vibha Kankanwadi and Sanjay Deshmukh of the HC's Aurangabad bench said on Wednesday. The court quashed the case lodged in 2024 against the man and his parents on his wife's complaint in Jalgaon under section 4 of the Muslim Women (Protection of Rights on Marriage) Act. As per the section, any Muslim man who pronounces triple talaq, which is called Talaq-e-Biddat, to his wife shall be punished with an imprisonment up to three years. The HC in its order said, 'Under the Act, what has been described in the definition of Talaq is instantaneous and irrevocable. Talaq means Talaq-e-Biddat or any other form of Talaq, which has an instantaneous or irrevocable effect. All other forms of Talaq are not prohibited or barred.' In the present case, the man had given his wife Talaq-e-Ahsan, which is the pronouncement of talaq, the court said. 'The final Talaqnama was given three months after the pronouncement. The legal effect of Talaq-e-Ahsan came into play only 90 days during which the couple had not resumed cohabitation,' it said. When under provisions of the Act, triple talaq is prohibited and not Talaq-e-Ahsan, it would be an abuse of the process of law if the man and his parents are asked to face trial, the HC said. The couple got married in 2021. They separated in 2023, and the man pronounced Talaq-e-Ahsan in December 2023 in the presence of witnesses. The man in his plea claimed that under provisions of the Act, this mode of talaq was not punishable. The bench in its order said the First Information Report (FIR) is not registered for the offence of harassment under the Indian Penal Code. Since the FIR pertains to the issue of divorce, it is restricted against the husband only and the in-laws cannot be included, the HC said. 'It would be an abuse of the process of law if the case is continued against them,' the bench said.
