The Delhi High Court held that a child’s custody with the husband after marital disputes does not amount to cruelty under Section 498A of the Indian Penal Code. Justice Neena Bansal Krishna stated that such custody alone cannot be treated as an offence. The case arose from an FIR filed by the wife in 2015. Allegedly in retaliation to a divorce petition filed by the husband. The Court found no evidence of dowry demands or forced medication. Even though the wife claimed she suffered from mental health issues. It observed that the FIR was an attempt to pressure the in-laws and misused Section 498A. The Court called it a classic example of using the law to settle scores with exaggerated claims. While quashing the chargesheet against the in-laws, the Court refused to dismiss the wife’s complaint under the Domestic Violence Act.
It ruled that her right to claim residence and other civil reliefs remains intact and must be decided by the Magistrate on merits. The judgment stressed that courts must prevent misuse of legal provisions to protect the integrity of the justice system.
