Relatives Living Separately Can Cause Mental Cruelty, Says Bombay High Court As It Refuses to Quash FIR


Last Updated: January 19, 2023, 13:35 IST

The Bombay High Court said the application was an abuse of the process of law, and imposed a cost of Rs 10,000 on the applicant while dismissing it. (Representational Photo)

The Bombay High Court mentioned the appliance was an abuse of the method of regulation, and imposed a price of Rs 10,000 on the applicant whereas dismissing it. (Representational Photo)

The excessive court docket discovered that there was no benefit within the arguments made by the candidates and dismissed the plea whereas imposing a penalty

The Nagpur Bench of the Bombay High Court comprising Justice Sunil B Shukre and Justice CW Chandhwani has lately refused to quash the FIR registered below Section 498A after observing that psychological cruelty might be dedicated by kinfolk even when they’re residing individually.

The bench was listening to a petition filed by kinfolk who had been booked below Sections 498-A, 323, and 524 of IPC and Sections three and four of the Domestic Violence Act.

Advocate DV Mahajan argued that particular allegations made in opposition to any of the candidates has no materials displaying that that they had resided along with the husband and the spouse. Further, not one of the candidates fall throughout the definition of kinfolk to attribute to them any such cruelty as is complemented below Section 498-A of the IPC.

Advocate SM Godeshwar, nonetheless, argued that there’s adequate materials, which might necessitate framing of the cost in opposition to the candidates and that they need to be placed on trial as there are particular allegations made in opposition to every of the candidates, which prima facie quantity to cruelty throughout the part.

The court docket whereas rejecting the argument that kinfolk weren’t residing collectively noticed that “Such being the character of psychological cruelty, it’s not mandatory that it should happen within the bodily presence of individuals and that it may be handed out even from a distant place. Here, on this case, for meting out psychological cruelty to non-applicant no. 2, in fact, in prima facie manner, these candidates appear to have employed trendy technique of communication i.e. phone and many others. and on many events, they’ve additionally remained current within the firm of non-applicant no. 2. Therefore, this isn’t a case the place the candidates, by advantage of their separate residence, could possibly be presumed to not have handled non-applicant no. 2 in a merciless method.”

The court said the application filed was an abuse of the process of law and imposed a cost of Rs 10,000 on the applicant while dismissing it.

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