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Cruelty with woman by husband or relatives of husband

Cruelty with woman

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Chapter – 20A

IPC

Section – 498A.  Husband or relative of husband of a woman subjecting her to cruelty.

Whenever any husband or the relative of the husband of a woman  does cruelty with such woman, shall be punished with imprisonment for a term which may extend to three years and fine.

For the purposes of this section, “cruelty” means

  • anywilful conduct which drive the woman to commit suicide or to cause  grave injury or danger to life, limb or health (whether mental or physical) of the woman.  or
  • harassment of the woman with a view to coercing her or any person related to her for  any unlawful demand for any property or valuable security or failure by her or any person related to her to meet such demand.

Case Laws

Reena Aggarwal v. Anupam, (2004) 3 SCC 199 :

In this case it is held that if the validity of the marriage itself is under legal scrutiny, the demand of dowry in respect of an invalid marriage would be legally not recognisable.

Siddaling v State, AIR 2018 SC 3829

Courts should carefully assess the facts of each case before deciding whether the cruelty meted out to the victim which induces her to commit suicide. The accused continued his relation with another woman and his illicit relation other woman would have definitely created psychological imbalance to the deceased which led her to take the extreme step of committiong suicide. The conviction of accused under setions 498-A and 306.

Offences relating to marriage

cruelety with woman

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