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Petty quarrels cannot be termed as `cruelty' to attract prov

 

Petty quarrels cannot be termed as `cruelty' to attract provisions of Section 498-A IPC.

 

 In Girdhar Shankar Tawade v. State of Maharashtra, AIR 2002 SC 2078; this Court held that "cruelty" has to be understood having a specific statutory meaning provided in Section 498A I.P.C. and there should be a case of continuous state of affairs of torture by one to another.
22.;Cruelty for the purpose of Section 498-A I.P.C. is to be established in the context of S. 498-A IPC as it may be a different from other statutory provisions. It is to be determined/inferedby considering the conduct of the man, weighing the gravity or seriousness of his acts and to find out as to whether it is likely to drive the woman to commit suicide etc. It is to be established that the woman has been subjected to cruelty continuously/persistently or at least in close proximity of time of lodging the complaint. Petty quarrels cannot be termed as `cruelty' to attract the provisions of Section 498-A IPC. Causing mental torture to the extent that it becomes unbearable may be termed as cruelty.1
 
Supreme Court of India
Manju Ram Kalita vs State Of Assam on 29 May, 2009

https://www.lawweb.in/2013/12/petty-quarrels-cannot-be-termed-as.html



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