(Guest)

Whether directing wife not to chat on facebook amounts to cr

Whether directing wife not to chat on facebook amounts to cruelty to wife as per S 498A of IPC?

In paragraph 14 of the complaint, it is alleged that the accused Nos. 1 to 4 and 6 forced the complainant to apologize and make a solemn promise that the complainant shall not chat on "ORKUT", a social networking site. I do not think that even this allegation can amount to harassment within the meaning of Section 498-A of the Indian Penal Code as it has no relation to driving the complainant into such behavior as to endanger her life or cause injury to herself. This allegation also does not have any relation to coercing of the complainant into meeting any unlawful demand for any property or valuable security. On the contrary, spending long time on social networking site such as "ORKUT" or "FACEBOOK" by a person can be viewed as mental harassment by another spouse and, therefore, if the spouse is advised to spend loss time on a social networking site or desist from visiting it, the advice is capable as being seen as made with a view to keep the marriage intact and not otherwise.

Equivalent Citation: 2015ALLMR(Cri)2607, 2015(2)Crimes368(Bom.)

IN THE HIGH COURT OF BOMBAY

Criminal Application No. 251 of 2014

Decided On: 14.01.2015

Appellants: Gopal and Ors.
Vs.
Respondent: State of Maharashtra and Ors.

Hon'ble Judges/Coram:S.B. Shukre, J.

https://www.lawweb.in/2015/08/whether-directing-wife-not-to-chat-on.html?

Reply Follow

5 Replies

adv.bharat @ PUNE (Lawyer) 05 June 2016

Freedom of chat given to every citizen.

T. Kalaiselvan, Advocate (Advocate) 10 June 2016

It is good judgment stating that this will not amount to cruelty especially under section 498a

(Guest)

My brother in law with criminal intent had unfriended my sister on facebook stating that his friends didnot know he was married and he didnot want my sister to tag him as her husband.Social media is taken seriously and can lead to criminal offence like this.