Asking Wife To Clean House And Show To In-Laws On Video Call Is "Sadist Ill-Treatment": Bombay HC While Refusing To Quash Cruelty FIR

A division bench of Justices Ajay Gadkari and Dr Neela Gokhale was seized with a plea filed by one Hardik Shah and his family members, booked on a complaint filed by his estranged wife, who alleged that she was subjected to cruelty by the petitioner, his father and three married sisters.

Among other allegations, the wife alleged that the three sister-in-laws interfered in the household work, sitting at their own homes. She alleged that they removed the house help and compelled her to do her household chores. They even insisted the wife to show how she has cleaned the house, to them, on WhatsApp video calls. And would often pick up quarrels with the wife over petty issues and her husband would support his sisters and would abuse the wife. There were also allegations of dowry demand, the judges noted.

In its July 22 order, the judges noted that specific and categoric roles have been attributed to each of the five petitioners both independently and collectively.

"A fair reading of the FIR reveals that, the complainant, a woman - a newly-wed daughter-in-law was pitted against the might of the five Petitioners, who were abusing and ill treating her on petty issues. The allegations against the sisters-in-law pertaining to compelling the Complainant to show them the house cleaned by her on WhatsApp video call appears to be a peculiar and a sadist manner of ill treatment. This is enough to cause apprehension in the mind of the Complainant that, there was danger to her life and limb at the hands of the Petitioners," the bench observed in its order.

The judges, further said that the sole aim of the petitioners, appeared to be to extort money from the complainant and her parents.

"This is clear from the fact that, even after driving her out of the matrimonial home, they have refused to hand over her 'Streedhan' comprising of valuable jewellery and her articles," the judges added.

The bench refused to accept the arguments made the petitioners that the complainant is only misusing the provisions of section 498A and that she is trying to extort money from them. The bench said these arguments can be examined at the stage of trial.

The judges clarified that under the extraordinary jurisdiction of Article 226 of

the Constitution of India, the High Court must not conduct a mini-trial while hearing a plea under section 482 of the Criminal Procedure Code (CrPC).

"The allegations in the FIR prima facie disclose commission of the alleged offences. We are not inclined to quash the FIR and the consequent criminal proceedings arising therefrom. In this view of the matter, the Petition is dismissed," the judges said.

As per the petition, the petitioner Hardik Shah had married the complainant in December 2021. The husband's father lived with the couple and the three sisters, since married were living at their respective homes.

It was alleged that the petitioners created a WhatsApp group to berate the complainant and highlight her wrongs to her husband, who would later on pick up quarrels with her even on petty issues. The husband also suspected the complainant wife's character and would often abuse her on this issue too. It was also alleged that he refused to have conjugal relations with her claiming he was diabetic.

On October 11, the three sisters visited the couple's house and abused her in filthy language over not cleaning the house properly. They even demanded gifts from her family. And later on drove her out of the matrimonial home and even did not give her the 'Streedhan' and other important valuables.

Bench led by Justice Gadkari, noted the specific allegations and refused to quash the FIR.

Appearance:

Advocate Vrushabh Savla appeared for the Petitioners.

Assistant Public Prosecutor VN Sagare represented the State.

Advocate Prerak Chaudhary appeared for the Complainant.

Case Details: Hardik Shah vs State of Maharashtra (WP(ST)/13446/2023)

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