The Calcutta High Court has put an end to a criminal case of domestic cruelty against an 86-year-old man, a case that originated from a bitter family disagreement over the keeping of around 40 pet cats. The court's decision came after the death of his wife, the complainant, who was 84 years old when she filed the case.
The Feline-Centric Family Feud
The unusual dispute came to light in June 2023 under the jurisdiction of the Kalyani police station in West Bengal. The wife had alleged that her husband subjected her and their younger son to abuse and threats. She claimed he demanded they leave the family home along with the cats, which she lovingly referred to as her "children." Based on her complaint, the police filed a chargesheet under Section 498A of the Indian Penal Code, which deals with cruelty by a husband or his relatives. The allegations included continuous physical and mental harassment of herself and her sons.
Legal Journey to the High Court
The matter progressed from the police station to a trial court before finally reaching the Calcutta High Court. The elderly husband, seeking relief from the legal ordeal, petitioned the high court to quash the proceedings. His legal counsel presented a compelling argument, stating the cruelty allegations were false and fabricated. They emphasized that the wife had never lodged any prior complaint against her husband throughout their long married life.
The lawyer contended that the case stemmed solely from disagreements over the cats. While the wife and sons were fond of the felines, the husband was not. The counsel further argued that the octogenarian couple had become victims of wrong advice given by their son, which led to the filing of a false case. The state prosecutor supported the petition for quashing, noting that the investigation had not found any material evidence to support the charges under Section 498A, especially given the advanced age of both parties and the subsequent death of the complainant.
Court's Observations and Final Ruling
After examining the submissions and case records, Justice Chaitali Chattopadhyay Das delivered a nuanced verdict. The judge observed that while there was indeed a dispute over keeping cats at home, the core conflict appeared to be between the father and the son. The court noted that a separate case related to this father-son dispute was already pending. Witness statements also revealed that the elderly woman had never previously accused her husband of cruelty.
In her order, Justice Das stated that forcing the 86-year-old man to face trial after the complainant's death would serve no purpose. "In view of the above facts and circumstances, this Court finds no reason to allow the trial to proceed any further against the present petitioner, who is an octogenarian person, when the de facto complainant is no more," the order read. The court, however, added a unique caveat, directing the man to "by no means indulge himself in any act of cruelty towards the cats, if any are still living in his house."
With this, the criminal revisional application was allowed, and all proceedings pending before the lower court were officially quashed, bringing a quiet end to a legal battle that began with a house full of cats.
