Husband's Financial Dominance in Matrimonial Discord Not Cruelty: SC

A two-judge Bench comprising B.V. Nagarathna and R. Mahadevan made the observations while quashing a criminal case filed by a wife against her estranged husband, alleging cruelty and dowry harassment.

Setting aside a verdict of the Telangana High Court that had refused to quash the FIR, Justice Nagarathna said the alleged monetary and financial dominance of the accused husband could not qualify as cruelty, particularly in the absence of any tangible mental or physical harm. She observed that while financial control by men reflects a social reality in many households, criminal proceedings cannot be used as a tool to pursue personal vendettas.

The judge, who authored the judgment for the Bench, also declined to treat the act of seeking details of expenses incurred from money sent by the estranged husband as cruelty.

The court underlined that courts must exercise extreme caution while dealing with matrimonial disputes and carefully scrutinise allegations to prevent abuse of the legal process and miscarriage of justice.

Describing the dispute over expenses as part of the “daily wear and tear of marriage,” the apex court held that such conduct does not constitute cruelty under Section 498A of the Indian Penal Code. It noted that, upon careful consideration, none of the offences alleged against the husband were made out.

The court further observed that the allegations of cruelty, mental harassment and causing hurt appeared to have been made with mala fide intent and were vague and general in nature.

The verdict was delivered on an appeal filed by the husband challenging an April 27, 2023 order of the High Court refusing to quash the FIR against him and his family members. The Supreme Court clarified that its observations would not affect any other matrimonial or related proceedings pending between the parties, which would be decided independently on their own merits.