Bombay HC Throws Out Woman’s Abuse Case Against Husband’s Family

Bombay High Court

The Bombay High Court has ruled that allegations of mistreatment by a man against his own family members do not qualify as cruelty under the law meant for women in their matrimonial home.

In a July 18 order, the court dismissed an FIR filed in March 2013 by a woman against her in-laws—her parents-in-law, brother-in-law, and sisters-in-law residing in Mumbai. The court found that the FIR was an “abuse of the legal process” and a misuse of Section 498A of the Indian Penal Code, which addresses cruelty by a husband or his relatives towards a wife.

The division bench, consisting of Justices A.S. Gadkari and Neela Gokhale, highlighted that the complaint bizarrely lacked any allegations against the woman’s husband and appeared to be a “proxy litigation” intended to resolve a property dispute. The court described the case as “peculiar,” noting that the accusations were “general and vague,” failing to meet the criteria for Section 498A.

The woman had claimed that her in-laws harassed her by causing disputes with her husband, restricting her access to household amenities, and preventing domestic help from assisting her. However, the court ruled that these complaints did not fall under the scope of Section 498A, which is specifically designed to address mistreatment related to marital relationships.

The court criticized the FIR as a tactic to achieve personal revenge and settle property disputes, ruling it was filed with ulterior motives. The judges condemned the misuse of Section 498A, stating the FIR was a mere attempt to advance personal grievances.