The bombay high court has made an important comment while hearing a case of a woman's suicide. The high court has said that the allegations of taunting the wife, not allowing her to go to the temple alone or making her sleep on the carpet cannot be considered 'cruelty' under Section 498A of the IPC. According to a Live Law report, the court acquitted a man and his family convicted under Section 498A as well as 306 (abetment to suicide) of the IPC. A woman had committed suicide in 2002 allegedly due to their taunting and other actions.
bombay HC's comment in woman's suicide case
The bench was hearing the case on the appeal of the accused convicted by a lower court in april 2004. According to the high court's october 17 order, the allegations against the accused included taunting the deceased woman for the food she cooked, not allowing her to interact with neighbours or visit a temple alone, not allowing her to watch TV, making her sleep on a carpet. The order also said that there were allegations that the deceased woman was not allowed to throw garbage alone and was also asked to fetch water at midnight. The court said, "Such allegations of cruelty cannot be considered serious under the relevant section, as it relates to domestic matters." Thus, the court said that it cannot be considered a crime under the law.
Just sleeping on a carpet will not be considered cruelty - HC
According to the report, the bench also argued that cruelty, which can be either mental or physical, is relative and cannot be used in a straitjacket manner. Justice Abhay S Waghwase wrote in his order, "Just sleeping on a carpet will also not be considered cruelty. Likewise, what kind of remarks are made, preventing a person from socializing with a neighbour cannot be termed as harassment.
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