Kolkata, 22 August (H.S.): The Calcutta High Court has made a significant observation on the definition of “cruelty” in domestic violence and dowry harassment cases. Justice Ajay Kumar Mukhopadhyay, while hearing a case on Friday, remarked that a single day’s quarrel between husband and wife, or even an incident of slapping, hitting, or beating with a stick, cannot automatically be classified as cruelty. The court clarified that action under dowry harassment and domestic violence laws is justified only when there is consistent evidence of serious physical or mental torture.

The case pertained to a woman from Burdwan who had lodged an FIR against her husband and in-laws, accusing them of mental and physical torture and misappropriation of her stridhan (bridal property). She alleged that her husband had assaulted her on July 7, 2022, and that she was subjected to continuous harassment since marriage. She also claimed her stridhan was withheld.

The husband, however, countered in court that his wife was engaged in an extramarital relationship and was seen with another man in Burdwan. His counsel further argued that the complaint was time-barred, since under Section 498A of the Indian Penal Code (IPC), such cases must be filed within three years.

Accepting the husband’s argument, the High Court quashed the FIR, noting that the allegations appeared to have been made out of vengeance. Justice Mukhopadhyay clarified that Section 498A of the IPC defines cruelty in only two situations: first, conduct by the husband or in-laws that drives a woman to commit suicide, and second, conduct that causes grave danger to her life, limb, or mental and physical health. Additionally, persistent demands for dowry, money, or children also fall under the ambit of cruelty.

Through this ruling, the court underscored that stray incidents or one-off disputes cannot be the basis for framing serious charges of domestic violence or dowry harassment. Judicial intervention, it stressed, is warranted only when there is substantial and continuous evidence of grave cruelty.

Hindusthan Samachar / Satya Prakash Singh