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Allahabad High Court: Calling wife 'barren woman' insensitive, not cruelty

Allahabad High Court: Calling wife 'barren woman' insensitive, not cruelty
Taunting wife for childlessness reprehensible, not criminal cruelty: Allahabad High Court · indianexpress.com

Once there was a married couple who really wanted a baby, but they could not have one.

The wife said her husband and his family teased her about it and called her a 'barren woman,' which means a woman who can't have children.

Feeling hurt, she took the matter to court and said her husband was being cruel.

A judge, Justice Indrajeet Shukla of the Allahabad High Court, had to decide if the husband should be punished.

The judge said calling someone a 'barren woman' is mean, insensitive, and wrong.

However, he explained that mean words by themselves are not the same as the kind of cruelty the law punishes.

He also noted that both the husband and wife said unkind things to each other during their fights.

The judge found that the other accusations, like asking for dowry or hurting her, did not have enough proof.

He also thought some very serious accusations were 'highly improbable,' meaning very unlikely to be true.

So the judge cancelled the case against the husband, saying courts should fix real crimes and not be used as weapons in family arguments.

Key facts

Court
Allahabad High Court
Judge
Justice Indrajeet Shukla
Petitioner
Government doctor husband
Sections quashed
498-A, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act
Summoning order date
January 17, 2023
Marriage date
December 14, 2015
Dispute escalation
November 23, 2020
Judgment date
August 13

Quotes

Justice Indrajeet Shukla

Appellate judge in Allahabad High Court

“Permitting such prosecution to continue would amount to allowing the criminal process to be used as a weapon in a matrimonial dispute rather than as a means for redressing a genuine criminal wrong.”
indianexpress.com
“The address as ‘barren woman’ could not be termed as cruelty particularly when there are exchange of filthy verbal blows from both the sides…”
indianexpress.com

Sources

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