Manju Ram Kalita v. State of Assam (2009) . In this case, the wife alleged physical and mental cruelty at the hands of the husband and accused him under Section 498A, IPC. The husband, however, denied all the charges.

The Court held that “Cruelty” for the purpose of Section 498-A IPC is to be established in the context of Section 498-A IPC as it may be different from other statutory provisions. It should be determined by considering the conduct of the man, weighing the gravity or seriousness of his acts and to find out as to whether it is likely to drive the woman to commit suicide, etc. It is to be established that the woman has been subjected to cruelty continuously or at least in close proximity of time of lodging the complaint. The Court further held that petty quarrels cannot be termed as “cruelty” to attract the provisions of Section 498-A IPC.

OUR TAKE- WHEN ANY 498A COMPLAINT GETS REGISTERED, INSTEAD OF ARRESTING AND HARASSING THE HUSBAND AND HIS FAMILY MEMBERS ON THE BASIS OF MERE WORDS, PROPER INVESTING NEEDS TO BE DONE.