Calcutta Hc 498a Cruelty Relatives Home Ruling

observed that the wife’s primary grievance was that her husband had failed to provide maintenance for her and the minor child, and directed her to pursue the claim before the appropriate legal forum.

“Bringing family members of the husband to his own house or to taking care of their kid’s education and treatment of the relatives of the husband or petty quarrels cannot be equated with the explanation made Section 498A IPC regarding cruelty or any wilful conduct, which can drive the woman to commit suicide, the June 8 order noted.

The Calcutta High Court noted that the husband and wife had been married for about 10 years and were parents to a 10-year-old son; the wife, a school teacher, alleged that since 2018 she had been subjected to harassment.

The court also considered that the wife specifically alleged against the husband of bringing a lot of his family members to their flat for their treatment and for their child’s education regularly, which had to be handled by her, including once being made responsible for the sufferings of a relative from a skin disease.

This court observed that while exercising its power under Section 482 CrPC, it cannot hold a mini-trial to ascertain whether the statements recorded by the various witnesses are correct or not, and declined to quash the case against the husband.

Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights. She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life. Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach. Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More