Monday, December 16, 2024
spot_imgspot_img

Top 5 This Week

spot_img

Related Posts

Body Shaming in Marriage Deemed Cruelty: Kerala High Court Expands Scope of Section 498A IPC

In a landmark interpretation, the Kerala High Court has ruled that body-shaming a wife constitutes marital cruelty under Section 498A of the Indian Penal Code (IPC). The judgment also clarified that the spouse of a husband’s sibling residing in the same matrimonial home qualifies as a “relative” under the same provision.

Justice A. Badharudeen highlighted that body-shaming and questioning a woman’s professional qualifications fall under “willful conduct” likely to harm her mental and physical health, as outlined in explanation (a) to Section 498A. The case in question arose from a complaint by a woman alleging cruelty by her husband, father-in-law, and her husband’s brother’s wife.

The brother’s wife, a co-accused, argued that she did not fall within the legal definition of “relative” under Section 498A. Citing a precedent from the Supreme Court in U Suvetha v. State, she claimed that only immediate family members, such as parents, children, and siblings, were included. However, the court rejected this argument, noting that the cited case did not address the position of a sibling’s spouse residing in the matrimonial home.

The court emphasized that once a married woman joins her husband’s home, relatives residing there—including spouses of siblings—fall within the scope of Section 498A. This interpretation aims to protect women from all forms of cruelty inflicted by extended family members sharing the household.

The allegations against the petitioner included comments about the complainant’s body shape and claims that her husband could find more “beautiful” and “suitable” women. Additionally, the petitioner had reportedly cast doubt on the complainant’s medical degree. The court found these actions to be prima facie evidence of cruelty under Section 498A and dismissed the petitioner’s plea to quash the charges.

This decision not only reinforces legal protections against marital cruelty but also broadens the interpretation of familial accountability within matrimonial homes, ensuring that women have recourse against psychological and emotional harm inflicted by extended family members.

Kerala_HC_Judgment

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Popular Articles