The Andhra Pradesh High Court has held that casually taunting a woman for not being able to conceive does not amount to “cruelty” under Section 498A of the Indian Penal Code (IPC), particularly when such taunts come from relatives who do not reside in the marital home.
A bench led by Justice Harinath N quashed criminal proceedings under Section 498A IPC and provisions of the Dowry Prohibition Act against two women—sisters-in-law of the complainant—who were accused of making disparaging remarks regarding the complainant’s inability to conceive.
“Taunting on the ground of not being able to conceive cannot be taken as sufficient grounds for continuation of proceedings under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act,” the Court observed.
The sisters-in-law, who had been staying away from the complainant’s marital home since their own marriages, were accused only of making such comments during occasional visits. The Court emphasized that vague allegations without specific instances or dates were insufficient to support a criminal case.
“The petitioners were staying separately and could not have engaged in sustained harassment. Vague claims without any concrete details fail to stand legal scrutiny,” the Court added.
The case stemmed from a complaint filed by a woman against her husband and his relatives, including his parents and sisters. While the High Court granted relief to the sisters-in-law, stating they appeared to have been included in the complaint merely to target the husband, it did not extend the same relief to the parents-in-law.
“This is yet another instance where distant relatives are unnecessarily implicated in order to settle personal scores,” the Court remarked.
Advocate ML Neelima represented the petitioners, while Advocate Tota Tejeswara Rao appeared for the respondent.
