Cat-Fight? Karnataka High Court Stays Probe In Cruelty Case Lodged Against Husband 'For Caring More For Pet Cat Than Wife'

The Karnataka High Court on Thursday (December 12) stayed all further investigation in a cruelty case lodged against a man, after noting that instead of alleging cruelty the wife's complaint primarily alleged that her husband took more care of their pet cat than her.

Finding that offence of IPC Section 498A is not made out, the court underscored that such frivolous cases clog the justice system which is already clogged. The petitioners are accused husband, mother in law and father in law. The woman, respondent No. 2 is the complainant who is the wife of petitioner-accused no. 1.

Justice M Nagaprasanna after taking note of the complaint and other records said, "The complaint is a narration of marriage and living together but the crux of the allegation is foundationed upon the squabble regarding to a pet cat that is in the house of the Husband. The allegation is that the husband takes care of the cat more than the wife. Every time when the wife has pointed out this there is a dispute between the two and abuses are hurled. That is what is narrated in most of the paragraphs of the complaint, therefore the issue is not with regard to demand of dowry or assault on demand of dowry or cruelty meted out by the husband. The issue is with regards to the pet cat and the cat attacking or scratching the wife several times.”

Following which it said “This in the considered view of the court is an abuse of process of law for initiating proceedings for the offence punishable under section 498A of IPC. None of the ingredients that are necessary for an offence to become punishable under section 498A IPC is present in the cases at hand, even to its remotest sense. It is such frivolous cases that have clogged the criminal justice system today and if the investigation is permitted in the case at hand it would add one more case to the already clogged justice system.”

Issuing notice to the respondents the court directed, "Therefore there shall be an interim stay of all investigations qua the petitioners till next date of hearing.”