Asking Wife To Share Expenses Not Cruelty Under Sec 498-A: HC

Nagpur: The Nagpur bench of Bombay High Court recently ruled that asking a working wife to contribute her salary toward household expenses "cannot, in itself, be construed as unlawful demand or cruelty", while quashing a criminal case filed against the man and his parents in Nagpur.Justice Vrushali Joshi passed the order while allowing a criminal application filed by a city-based man and his parents, seeking quashing of an FIR and chargesheet registered at Mankapur police station for offences under Sections 498-A (cruelty by husband or his relatives) and Section 504 (intentional insult with intent to provoke breach of peace).The judge noted the wife, a govt servant, alleged she was pressured to hand over her salary because she did not perform household work. However, 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 case stemmed from a complaint filed by the woman after her marriage hit the rocks. She alleged harassment over money, medical expenses and domestic issues, and claimed she transferred 2.32 lakh to her brother-in-law's account.The petitioners, through counsel Harsha Mehta (Joshi), argued 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 the transaction were also placed before court.Accepting the explanation, the court observed that the transfer was "unnecessarily misconstrued" and noted the woman was sent to her parental home during the pandemic for safety and care along with their child.The court further noted submissions the husband later filed a custody petition for their son and alleged the criminal complaint followed subsequent disputes and WhatsApp exchanges."On consideration of the allegations and material on record, no prima facie case under Section 498-A is made out against the applicants," the court said.The FIR and the pending regular criminal case before the Judicial Magistrate First Class in Nagpur were quashed, subject to the applicants depositing amount of 10,000 in the public welfare account of the high court within three weeks.