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Synopsis

The Bombay High Court has recently refused to quash an FIR, observing that keeping a child away from her mother amounts to cruelty under Section 498A of the IPC.

A division bench of the high court at Aurangabad, comprising Justice Vibha Kankanwadi and Justice Rohit Joshi, was hearing a petition filed by a woman's mother-in-law and father-in-law, who were booked for cruelty, harassment, and criminal intimidation. 

The woman (complainant) got married in 2019 and had a child in 2020. She alleged that her husband's family demanded money from her and abused her physically and verbally. 

Later, she was thrown out of the house and was not allowed to see her child. The woman then approached the magistrate court seeking custody, after which an order was passed in her favor. However, the order was not complied with by the husband's family.

While refusing to quash the FIR, the bench observed that keeping the child away from the mother and defying the court's order amounts to cruelty.

"Keeping a young child of four years old away from her mother in defiance of Court order also amounts to mental harassment amounting to cruelty in as much as it would certainly cause grave injury to mental health of respondent No.2, mother of the child. Such act of the in-laws amounts to cruelty within the meaning of Explanation (a) to Section 498-A of IPC. We further record that the said mental harassment is continuing from day to day till date. It is a continuing wrong," the order reads.

Furthermore, the bench said that although the child was with the husband, the in-laws were assisting his husband in the sense that his whereabouts are not being disclosed.

Case title: Xyz vs State of Maharashtra