Leaders Online: The Patna High Court recently observed that calling a wife a ghost or a vampire does not amount to cruelty. A single bench of Justice Vivek Chaudhary also set aside the lower court's sentence to the husband under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prevention Act, 1961. News about this By 'Bar and Bench' is given
The accused husband was convicted under Section 498A of the IPC and Section 4 of the Dowry Prevention Act, 1961 by the Additional Judge of the Nalanda District Court. The CJM Court of Nalanda also upheld this decision. The husband challenged this decision in the High Court.
Allegations of abuse cannot be termed as cruelty
The petition of the husband was heard before a single bench of Justice Vivek Chaudhary. At this time, the court clarified that a husband calling his wife a ghost does not fall under the category of cruelty. In marriages, especially in failed marriages, both husband and wife do dirty things to each other. They insult each other. Therefore, such allegations cannot be called cruelty.
The sentence passed on the husband is cancelled
At this time, the wife had written many letters to her father and complained about her husband's harassment. When the court asked for evidence in this regard, it could not be submitted. Even in the dowry case, the court dismissed the woman's allegation that her husband had asked for a car as dowry.
The court, in its judgment, said that the case filed under Section 498A of the Indian Penal Code did not show that it was the result of personal enmity, hatred and differences between the two parties. Choudhary quashed the sentence awarded to the husband by the lower court under Section 498A of the IPC and Section 4 of the Dowry Prevention Act, 1961.
Calling wife 'Bhoot', 'Pisach' not cruelty under Section 498A IPC: Patna High Court
report by @satyendra_w https://t.co/plfQpAepCI
— Bar & Bench (@barandbench) March 30, 2024
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