Ex-Wife Can File Complaint Under Section 498A IPC Only For Harassment Allegedly Meted Out During Subsistence Of Marriage: Gujarat High Court
Case: Rameshbhai Danjibhai Solanki & 7 Other(S) Versus State Of Gujarat & 1 Other(S)
Coram: Justice Jitendra Doshi
Case No.: R/CRIMINAL MISC.APPLICATION NO. 3259 of 2016
Court Observation: “… allegations of the offense u/s 498A of the IPC even can be maintained at the instance of the divorcee wife, provided that she alleges the incident of harassment and cruelty which could have been meted out while marriage was subsisting.”
“However, she cannot file complaint alleging offence u/s 498A of the IPC putting allegation of an incident, which could have been taken place subsequent to the divorce. Once the competent Court passed the decree of divorce, the marital status of the husband and wife is snapped and the pre-requisite condition of section 498A of the IPC “being the husband” or “relatives of the husband” disappears,”
“The simple meaning is that for levelling the allegations of offence, the accused must be “the husband” or “relatives of the husband” or he could be “in capacity of the husband” or “in capacity of relatives of the husband”. This expression does not include “former husband” or “ex-husband” or “relative of the former husband or ex-husband”
“It appears that the FIR is filed for wracking vengeance and is a counterblast to the divorce decree granted by the competent Court in favour of the petitioner No.1. As observed in earlier part of the order and judgment, on the date of filing the FIR, status of husband and wife was splintered. FIR does not disclose allegation of cruelty or harassment for the time period when marriage was prevailing. Impugned FIR on its bare face indicates that it is filed against former husband and his relatives by divorcee wife. Reading between the lines, the FIR indicates that it is filed to achieve desired motive. No case for offence u/s 498A r/w 494 and allied offences of the IPC are made out.”
“On reading the FIR as it is, it does not disclose essential ingredients of offence punishable u/s 498A as well as u/s 494 and other allied offence of the IPC. Thus, allowing the FIR to continue into investigation and further continue into criminal case would be humiliating to the petitioners and it would amount to abuse of process of the Court. Therefore, the proceedings are required to be quashed and set aside to meet with the ends of justice,”
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Ex-Wife Can File Complaint Under Section 498A IPC
