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Home Law

Made to sleep on a mat, barred from temple visits and TV, but Court rules it’s not cruelty

The Bombay High Court’s Aurangabad bench recently overturned a two-decade-old conviction, acquitting a man and his family accused of cruelty toward his late wife. The court found that alleged restrictions—such as limiting her TV time and temple visits—did not constitute "severe" cruelty under the IPC, stirring debate on the boundaries of marital rights and cultural norms.

Navin Upadhyay by Navin Upadhyay
9 November 2024
in Law, National, News
19
Made to sleep on a mat, barred from temple visits and TV, but Court rules it’s not cruelty

Made to sleep on a mat, barred from temple visits and TV, but Court rules it’s not cruelty

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By PC Bureau

In a ruling likely to spark outrage among women’s rights advocates, the Aurangabad bench of the Bombay High Court overturned a 20-year-old conviction of a man and his family for alleged cruelty toward his late wife. The court determined that accusations such as restricting her television access, preventing her from visiting the temple alone and making her sleep on a carpet did not constitute “severe” actions under Section 498A of the Indian Penal Code (IPC).

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The High Court observed that these allegations, mostly involving domestic issues, did not meet the threshold of physical or mental cruelty required for conviction. Consequently, the court acquitted the husband, his parents, and his brother, who had previously been convicted by a lower court under IPC Sections 498A and 306 for cruelty and abetment to suicide.

Justice Abhay S. Waghwase, presiding over a single-judge bench, reviewed the main allegations, which included taunting the deceased over meals, restricting her from visiting neighbors or the temple, requiring her to sleep on a carpet, and making her dispose of garbage alone. Additionally, her family claimed she was forced to fetch water at midnight.

However, the court cited witness testimonies indicating that in Varangaon, the village where she lived with her in-laws, water was typically supplied around midnight, making it customary for households to collect water late at night.

Tags: Bombay High Courtcryeltywoman
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