By Niyati Dhiman

In a significant judgment, the Aurangabad bench of the Bombay High Court ruled that keeping a minor child away from her mother, in defiance of a Family Court order, amounts to mental harassment and cruelty. The bench, comprising Justices Vibha Kankanwadi and Rohit Joshi, upheld the FIR lodged against the in-laws of a woman, despite her husband, the main accused, being absconding. The bench observed that the husband had taken their four-year-old daughter, despite a clear court order granting custody to the mother, which caused severe emotional distress to the mother.

The court stated that withholding the child from the mother in violation of a judicial order is a form of cruelty under Section 498-A of the Indian Penal Code, as it causes ongoing mental harm to the complainant. The judges emphasized that such harassment is a continuing wrong, as it has persisted daily since the incident.

The case arose from a complaint filed by the woman, who had married on May 30, 2019. She alleged that her husband had demanded ₹10 lakh from her family to buy a car, and when the demand was not met, he mistreated her, even resorting to physical assault. She also accused her in-laws, including her sister-in-law, of supporting her husband’s demands and abusing her. When the FIR was filed in November 2022, the child was two years old.

The petitioners, who were the husband’s parents and sister, sought to quash the FIR. However, the bench noted that the whereabouts of the husband were not disclosed by the petitioners, and they were helping him evade the law, including by keeping the child away from her mother. The court also rejected the argument that the sister-in-law should be excused from the proceedings due to her alleged schizophrenia. The judges clarified that schizophrenia is not a constant condition and refused to quash the FIR against her.

Case Title: Rekha Waghmare vs State of Maharashtra

Citation: MANU/MH/7440/2024, Criminal Application No. 2376 of 2023

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