Earning wife paying household expenses not cruelty, says HC

Kolkata: The Calcutta High Court has quashed criminal proceedings against a husband and his father-in-law, observing that ordinary domestic arrangements—such as an earning wife contributing to household expenses—cannot be construed as cruelty under IPC 498A.

Justice Ajay Kumar Gupta noted that allegations of verbal, physical, economic and sexual abuse, dowry demands and threats were largely vague, omnibus and uncorroborated.

The complainant had cited two specific incidents: an alleged assault in July 2017, with treatment at an Army Hospital, and a knife/threat episode in November 2020. However, medical records for the first incident were not produced and independent witnesses failed to corroborate either event. The court emphasized that ordinary domestic interactions—like sharing household expenses, minor disagreements, online purchases, or a father-in-law taking the child out—were “natural or usual occurrences” in married life and could not be stretched into 498A cruelty.

On SC/ST allegations, the court held that caste-based insults did not occur in public view, a statutory requirement under the Act. Other charges, including criminal breach of trust, intimidation, dowry demands and Juvenile Justice Act allegations, lacked specific evidence tying acts to the petitioners or medical/psychological corroboration. Applying established quash principles, the court found the proceedings failed to disclose cognisable offences and appeared manifestly mala fide.

Justice Gupta observed: “Courts must avoid prosecuting family members on generalised and sweeping accusations unsupported by concrete evidence. Natural or usual occurrences within the matrimonial home cannot, without more, be stretched into 498A cruelty.” The court quashed proceedings against the husband and father-in-law, set aside all consequential orders for them and returned the case diary, while proceedings against the mother-in-law continue.