Telling Wife To Bring Money Or Not Cohabit, Without Action, Isn’t Harassment: Bombay HC
The Bombay High Court recently ruled that merely telling a wife that if she fails to bring the amount demanded by her husband or in-laws, from her parental house, she would not be allowed to cohabit with her husband, without further action, does not amount to mental or physical harassment.
A division bench of Justices Vibha Kankanwadi and Rohit Joshi reviewed a case where a woman claimed her husband and in-laws demanded ₹5 lakh from her parents, supposedly to help the husband secure a government job. She stated that her family couldn’t afford the amount and alleged harassment when she couldn’t meet their demands. However, the court pointed out that the woman failed to provide specific details, such as dates or the duration of these demands.
Her allegations were deemed vague, and the court noted that her claim of “cruelty” lacked evidence. The bench also criticized the police for their lackluster investigation. They observed that police statements were often repetitive and primarily based on accounts from the woman’s relatives, without exploring other potential evidence, such as inquiries with neighbours from her marital home.
The judges emphasized the need for police to focus on substantial evidence and avoid filing charges against individuals without strong proof, particularly when they live far away and their involvement seems unlikely. In this case, the FIR named multiple family members, including her husband, his parents, siblings, and even a cousin. The Court concluded that such broad accusations, without sufficient evidence, could lead to unnecessary harassment and false implications. As a result, the FIR was quashed.
Source: – Live Law
By: – Rajat Ranjan
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