The Nagpur bench of the Bombay High Court has ruled that asking a working wife to contribute her salary towards household expenses does not, by itself, amount to an unlawful demand or cruelty. Justice Vrushali Joshi passed this order while quashing a criminal case filed against a man and his parents in Nagpur.
Case Background
The petitioners, a city-based man and his parents, had filed a criminal application seeking the quashing of an FIR and chargesheet registered at Mankapur police station. The charges were under Section 498-A (cruelty by husband or his relatives) and Section 504 (intentional insult with intent to provoke breach of peace) of the Indian Penal Code.
Wife's Allegations
The wife, a government servant, alleged that she was pressured to hand over her salary because she did not perform household work. She claimed harassment over money, medical expenses, and domestic issues, and stated that she transferred Rs 2.32 lakh to her brother-in-law's account.
Court's Observations
After examining the allegations and case material, the judge held that such a contention did not satisfy the ingredients of cruelty under matrimonial law. The court noted that the transfer of Rs 2.32 lakh was unnecessarily misconstrued, as the amount was used for the husband's Covid-19 treatment at Kingsway Hospital, and the expenditure was later reimbursed to the complainant. Bank records supporting this transaction were presented before the court.
The court also observed that the woman was sent to her parental home during the pandemic for safety and care, along with their child. The husband later filed a custody petition for their son, and the criminal complaint followed subsequent disputes and WhatsApp exchanges.
Verdict
On consideration of the allegations and material on record, the court found no prima facie case under Section 498-A against the applicants. The FIR and the pending regular criminal case before the Judicial Magistrate First Class in Nagpur were quashed, subject to the applicants depositing Rs 10,000 in the public welfare account of the high court within three weeks.
