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Whether failure of husband to give funds to meet domestic ex

Whether failure of husband to give funds to meet domestic expenses amounts to cruelty as per S 498A of IPC?

 
 
 
Mere failure of husband to give funds to meet domestic expenses is not termed as cruelty within purview of S 498A of IPC.
As against this, learned counsel for the respondent submits that apart

from independent evidence, complainant has not been able to give specific
date and time when the alleged demand of Rs. 2,00,000/- was made for
opening a school. That she was not harassed on that count. That the
complainant has not even mentioned the date and time of any ill-treatment.
According to learned counsel for the respondent, the quarrel between the
couple was because he could not afford domestic expenses due to non
payment of salary. Learned counsel for the respondent further submits that
allegations levelled by the complainant are not contemplated in the definition
of section 498 (A) of Indian Penal Code. 
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE SIDE JURISDICTION
CRIMINAL APPEAL NO. 508 OF 2003
The State of Maharashtra .....Appellant
V/s.
Abdul Karim Abdul Kadar ....Respondent

CORAM : SMT. SADHANA S. JADHAV, J.
DATED : FEBRUARY 12, 2015
Citation; 2015 ALLMR(CRI)2523

https://www.lawweb.in/2015/08/whether-failure-of-husband-to-give.html



Learning

 2 Replies

saravanan s (legal advisor)     05 June 2016

Thank you for sharing the information

Siddharth Dev (Advocate)     06 June 2016

sir

you had a pedantic approach but you should think in pragmatic one in matrimonial disputes cases not always made out on bare facts there are also false allegations against husband and there family members so take steps in good conscience.

thank you


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