Particle.news
Download on the App Store

Delhi, Madras High Courts Sharpen Definition of Cruelty Under 498A

The courts signaled that Section 498A targets sustained cruelty proven by credible evidence, not isolated matrimonial friction.

Overview

  • The Delhi High Court quashed an FIR against a 66-year-old advocate, holding that an allegation of taking a wife's jewellery by itself does not constitute cruelty under Section 498A.
  • Justice Neena Bansal Krishna relied on the Supreme Court’s Arvind Singh ruling to define cruelty as conduct causing pain or distress, finding the jewellery claim insufficient on its own.
  • The court clarified that Section 498A can apply even if a marriage is later declared technically invalid, adopting a purposive reading of the term husband.
  • Delhi Police supported the petitioner in the jewellery case, and the judge noted the complainant’s uncorroborated claims of threats and concealment of her earlier divorce in the FIR.
  • Separately, the Madras High Court restored an octogenarian husband’s conviction for prolonged mental and economic cruelty, upholding six months’ simple imprisonment, a ₹5,000 fine, and ₹20,000 monthly maintenance based on consistent testimony and corroborative circumstances.