Synopsis

Husband taunted wife for her dark complexion, introvert nature; she files 498A IPC cruelty case; Jharkhand HC quashes 498A case, says his conduct is insufficient to constitute cruelty. Read the article to know what happened in this case.

Justice Anil Kumar Choudhary of Jharkhand High Court recently gave relief to a husband from criminal case of 498A filed by his wife, who alleged that he taunted her for low IQ, dark complexion and also her introvert nature.



This judgement (case no. 484/2025) came in the backdrop of a failed marriage where the couple had met through an online matrimonial website. Soon after marriage, she accused him of making fun of her dark complexion and introverted personality as well as alleging that she had low I.Q. and poor communication skills.



He even claimed that she transmitted a disease to him for which he was still suffering. He argued that since this illness (which he did not disclose in the court) came from her and was affecting him, he asked her to leave their home. She complied and moved to Bangalore to stay with her younger sister. After this, he filed a divorce case in the Ranchi family court.

After staying for some time with her younger sister in Bangalore, she shifted to Kolkata to live with her elder sister.Subsequently, she filed a 498A cruelty case against him in Ranchi court. She told the court that he stopped her from resuming conjugal life and kept her stree dhan properties worth Rs 35 lakh. However, he countered her claim and said he returned all her stree dhan properties.



However, on June 11, 2024 the Judicial Magistrate 1st Class-XXI, Ranchi issued a summoning order against him for Section 498A of IPC after finding sufficient ground based on her complaint and testimony. This meant that now he will face criminal prosecution for 498A (cruelty) charge.



This is the reason why he felt aggrieved as per him his actions does not amount to cruelty. So he decided to file an appeal in high court against the 498A (cruelty) charge. On August 13, 2026 he won the 498A (cruelty) case in high court. Advocates Indrajit Sinha and Ms. Ashwini Priya represented him in the high court for this case.



Also read: Wife calling husband dark-skinned amounts to cruelty, says Karnataka High Court, grants divorce over color based comments

Why did the husband win the 498A case?

Shashwat Anand, Advocate on Record, Supreme Court of India, said to ET Wealth Online: The Jharkhand High Court quashed the proceedings on Section 498A against him, as the court found that even if all the allegations are considered as completely true, these do not amount to cruelty that is envisaged under Section 498A.



According to Anand, the high court observed that there is no allegation of harassment of wife in connection with any demand for dowry.



Further the high court held that there was no allegation that his behavior was such that it was likely to push her towards committing suicide or causing any serious injury to her life or health.



Anand says: "The allegations were of taunting her complexion and making remarks about her low intelligence quotient and poor communication skills. These remarks alone cannot be said to constitute cruelty as contemplated under Section 498A."

Jharkhand High Court order

The Jharkhand High Court said that in the present case there is no allegation against the explanation (b) of Section 498A of the Indian Penal Code as there was no allegation of any unlawful demand for any property or valuable security.



So far as the explanation (a) is concerned, the Jharkhand High Court said that there is no allegation against him of indulging in any wilful conduct which is of such a nature as is likely to drive her to commit suicide or to cause grave injury or danger to life, limb or health of the complainant.



The only allegation is that he taunted the complainant about her complexion and commented about her low I.Q. and poor communication skills. In the considered opinion of Jharkhand High Court, this by itself was insufficient to constitute the wilful conduct as mentioned in explanation (a) of Section 498A of the Indian Penal Code to constitute cruelty.



Thus under these circumstances as explained above, the Jharkhand High Court said that even if the allegations made against him are considered to be true in their entirety, still, the Section 498A (cruelty) offence can’t be made out against him.



The high court said: “Therefore, continuation of the criminal proceeding against the petitioner (husband) will amount to abuse of the process of law.”



Thus the husband won the case.

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