KOLKATA: Expecting an educated, earning woman to contribute towards household expenses does not constitute ‘cruelty’ under IPC Section 498A, Calcutta HC has said while quashing criminal proceedings and a case under SC and ST (Prevention of Atrocities) Act filed against a Geological Survey of India (GSI) employee and his parents.Justice Ajay Kumar Gupta said Wednesday, “It is inherent in conjugal life that both spouses are expected to maintain mutual respect, share responsibilities and contribute to the welfare of society. The opposite party number 2 (wife) is an educated and earning woman, and the routine expectations of contributing towards household expenses, making online purchases during the Covid-19 lockdown, or being asked to feed the child by the mother-in-law, cannot, by any stretch, constitute ‘cruelty’ within the meaning of Section 498A IPC. Likewise, payment of EMIs for a jointly acquired apartment, or the father taking the child outside are not unusual incidents of domestic life.”The woman, also a GSI employee, married the man in 2011. She claimed in her police complaints her husband “was impatient, aggressive, unsupportive, cruel, uncaring, insensitive, critical, demanding, self-obsessed, proud and unromantic”. She alleged the man and his parents remarked on her appearance and mocked her for her lower class and caste. She claimed they pressured her to pay the home loan EMI, did not provide sufficient food, clothes and medicines to her and her child, compelling her to purchase them online.“It is settled law that not every instance of discord amounts to ‘cruelty’ within the meaning of 498A IPC…,” HC said. It also ruled the alleged mocking of the woman for her caste did not occur in public view and, therefore, did not attract provisions of SC and ST (Prevention of Atrocities) Act.
HC: Asking earning wife to share expenses not cruelty
