New Delhi: In a recent ruling, the Patna High Court declared that referring to ones wife as bhoot (ghost) or pishach (vampire) does not constitute cruelty in cases of failed matrimonial relationships. Justice Bibek Chaudhury, presiding over a single bench, overturned the decision of a magisterial court in Nalanda, absolving Sahdeo Gupta and his son Naresh Kumar Gupta, residents of Bokaro, of charges under Section 498-A of the IPC related to matrimonial cruelty and dowry demands.Subject to physical, mental abuseThe case stemmed from a complaint filed by Kanhaiya Lal, father of Jyoti, who alleged that Naresh and his father subjected his daughter to physical and mental abuse due to dowry demands, following her marriage to Naresh in 1993. However, the High Court found a lack of evidence to substantiate the claims of torture against the petitioners.Lack of evidence leads to verdictUpon review, the High Court noted the absence of any medical documentation or conclusive evidence supporting the allegations of torture against Jyoti. Furthermore, the court rejected the argument put forth by the complainants counsel that using derogatory terms such as bhoot and pishach constitutes mental torture in contemporary society.Use of derogatory language not uncommon Justice Chaudhury emphasized that in cases of failed matrimonial relations, instances of verbal abuse and use of derogatory language are not uncommon. However, the court stressed that not all such exchanges amount to cruelty under the law.The verdict highlights the importance of evidence in cases of matrimonial disputes and underscores the necessity for thorough legal scrutiny before labeling actions as acts of cruelty. The ruling provides clarity on the legal interpretation of abusive language in the context of failed marriages, setting a precedent for future cases.
