HC acquits man, while observing that demanding cash from wife is not harassment
Nagpur, Jan 31: The Nagpur Bench of the Bombay High Court has acquitted a man who had demanded money from his wife. The court noted that demanding money from the wife is a vague term and cannot be considered as harassment under Section 498A of the Indian Penal Code.
"The evidence is with regard to a quarrel between husband and wife where he used to beat her for money. The demand of money is a vague term and in absence of other particulars to establish the link, the offence of harassment, as contemplated under Section 498A, isn't made out," Justice Pushpa Ganediwala said, while allowing the petitioner, Prashant Jare's prayer for an acquittal.
"From time to time, he brought her back from her father's place and also issued notices for restitution of conjugal rights. Moreover, he took her to the hospital and refused to hand over her body to her father for the funeral," the court observed while stating that he was more interested in his wife's company rather than letting her go.
The marriage between the couple took place in 1995. However she died by suicide in 2004. The father of the wife lodged a complaint alleging that his daughter had been harassed for dowry.
The sessions court convicted Jare in 2008 for abetment to suicide. The High Court pointed out that their minor daughter deposed before the police that she was present at the time of the incident and Jare had beaten her mother and forced her to consume poison. The prosecution surprisingly registered the case as a suicide, the court noted in the order.