Delhi High Court has said in an important decision that asking the wife to help in taking care of other family members by the husband or in-laws cannot in itself be considered cruelty. Making this comment, the single bench of Justice Nina Bansal canceled the FIR registered on the complaint of a woman and the legal proceedings related to it. This case was related to the complaint in which the wife had filed a case against her husband and in-laws under Section 498A IPC, Section 406 IPC and Domestic Violence Act 2005.
Allegations are general and vague, no concrete information – Court
During the hearing, Delhi High Court found that most of the allegations made by the woman were very general and vague. There was no concrete information in them which could prove that any cruelty or crime had actually been committed against him. The court said that the things mentioned in the complaint at most reflect normal domestic disputes and mutual differences between husband and wife and not any criminal act.
Sister-in-law’s interference in money – court said
The woman had alleged that her unmarried sister-in-law controlled the decisions related to her husband’s money and property. On this, the court said that if a sister handles the financial affairs of her brother, then there is nothing unusual or wrong in it, especially when the brother is unmarried or there is a trend in the family. The court also said that the complaint did not mention how the woman was actually harmed by this alleged control.
Dowry taunts, keeping mother-in-law along and responsibility of brother-in-law’s son
The woman had said that she was taunted for not bringing enough dowry, but the court said that this allegation was also made without any specific incident or details. The woman also said that her in-laws forced her to keep her mother-in-law in her mother’s house in Delhi from November to March every year.
On this, the court said that the mother-in-law living with the daughter-in-law for a few months is not cruelty in itself. On the allegation of brother-in-law pressuring him to take permanent responsibility of his 11 year old son, the court clearly said that asking someone to help in taking care of a family member does not fall in the category of cruelty.
Even the charges under Section 406 did not stand.
The court found that the allegations made by the woman under Section 406 IPC did not mention to whom her ‘Stree Dhan’ was handed over or how it was misused. Considering all these facts, the court said that the case does not deserve a criminal trial and canceled the FIR registered against the husband and his family and the ongoing proceedings under the Domestic Violence Act.

