Bombay High Court Upholds Cruelty Ruling in Child Custody Case

The Bombay High Court ruled that preventing a child from seeing her mother constitutes 'cruelty' under the IPC, denying the quashing of an FIR against the in-laws of a Jalna woman. This decision highlights ongoing mental harassment faced by the mother due to non-compliance with a lower court's custody order.


Devdiscourse News Desk | Mumbai | Updated: 12-12-2024 15:03 IST | Created: 12-12-2024 15:03 IST
Bombay High Court Upholds Cruelty Ruling in Child Custody Case
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The Bombay High Court has determined that barring a child from meeting her mother amounts to 'cruelty', in accordance with the Indian Penal Code. Consequently, the court refused to annul a First Information Report filed against a woman's in-laws in Jalna, Maharashtra.

A bench consisting of Justices Vibha Kankanwadi and Rohit Joshi in Aurangabad cited a lack of compliance with a lower court's custody directive as a basis for its ruling. The court emphasized the mental harm inflicted on the mother by separating her from her young daughter.

The high court observed that the in-laws' actions fit the definition of 'cruelty' under section 498-A of the IPC and refused to intervene in the FIR case. Despite allegations of harassment and intimidation by the complainant, the in-laws in their appeal insisted on being wrongly accused.

(With inputs from agencies.)

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