The Madras High Court has reaffirmed that Section 498A of the Indian Penal Code (IPC) is not restricted to cases involving dowry harassment but also includes all forms of cruelty inflicted on a wife by her husband or in-laws. In a recent ruling, the Court dismissed the criminal revision petition filed by a husband and his stepmother, confirming their conviction and sentence for cruelty under Section 498A.
The case arose from a complaint filed by the wife, whose marriage to the first accused, Ramasamy, was solemnized on July 14, 2008. Soon after the marriage, she started facing mistreatment at the hands of her husband and his stepmother, Selvi, who allegedly disapproved of the marriage.
The woman stated that when she became pregnant, her husband and stepmother-in-law forcefully administered abortion pills into her mouth, an act she resisted by vomiting the pills. Later, she was driven out of the matrimonial home, and when she refused to leave, her husband threatened her with a machete.
After delivering a child, the wife returned to her husband’s home but was denied entry. According to her testimony, she was attacked, her hair was pulled, her child was snatched and thrown to the ground, and she was again thrown out of the house. She filed a complaint at the All Women Police Station in Rasipuram, leading to a case under Sections 498A and 506(ii) of the IPC, along with Section 4 of the Dowry Prohibition Act.
During the trial, the Judicial Magistrate acquitted the accused under Section 506(ii) but found the husband and his stepmother guilty under Section 498A. They were sentenced to one year of simple imprisonment and fined Rs. 1,000 each. Their appeal was subsequently dismissed by the Principal Sessions Judge of Namakkal, prompting the current revision petition.
The husband and stepmother argued that there was no dowry-related demand or cruelty and that the allegations were merely exaggerated marital disputes. They claimed that except for the wife’s and her parents’ statements, there was no other evidence. They also relied on a Social Welfare Officer’s report, which noted no dowry demand.
However, the High Court found these arguments unconvincing.
“Nowhere in Section 498A of IPC, it is stated that it is the offence only if it involves dowry harassment. A married woman may be subjected to cruelties by her husband and other relatives for very many reasons,” the Court stated.
Justice Sathi Kumar Sukumara Kurup emphasized that cruelty under Section 498A covers a broad range of abusive behavior, not limited to dowry issues. The Court observed that the wife’s testimony about the forced abortion and subsequent mistreatment was consistent and supported by other evidence. No witnesses or substantial evidence were presented by the accused to challenge her account.
Even if there is no dowry harassment, the atrocities and cruelties meted out to the wife had been clearly spoken to by her in her evidence, the judge noted.
The Court rejected the defense’s attempt to question the legitimacy of the marriage and paternity of the child, pointing out that no DNA test was sought by the husband despite his allegations.
Given the weight of the evidence and the failure of the accused to mount a credible defense, the High Court upheld the findings of the lower courts.
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“The learned Judicial Magistrate on proper appreciation convicted Accused-1 and Accused-2 for the offence under 498(A) of IPC. On re-appreciation of evidence, the learned Principal Sessions Judge arrived at the same conclusion,” the order stated.
The Court dismissed the revision petition and directed the Judicial Magistrate to issue a warrant for the arrest of the convicted individuals so they could serve their sentence.
Counsel for the Petitioner: Mr. R. Sankara Subbu
Counsel for the Respondent: Mr. V. Meganathan, Government Advocate (Crl.side)
Case Title: Ramasamy and Another v. State
Case No: Criminal Revision Case No.504 of 2019
