In a significant ruling, the Kerala High Court has observed that body shaming a wife by her husband or his family members constitutes marital cruelty under Section 498A of the Indian Penal Code (IPC). The Court clarified that such acts, which can cause mental or physical harm, fall under the ambit of Explanation (a) to Section 498A.
Justice A Badharudeen, delivering the judgment, stated:
“Body shaming and doubting the medical degree of the de facto complainant are the allegations against the petitioner. The overt acts, at the instance of the petitioner, prima facie to be read as wilful conduct which are of such nature to cause injury to the mental and physical health of the woman dealt under Explanation (a) to Section 498A of the IPC.”
The case stemmed from a complaint by a woman against her husband, father-in-law, and her husband’s elder brother’s wife, alleging marital cruelty. The brother’s wife, who was residing in the same matrimonial home, sought to quash the proceedings against her, arguing that she did not fall under the term “relative” as defined under Section 498A.
However, the Court rejected this contention, emphasizing that the definition of “relative” in this context is inclusive of those residing in the matrimonial home and related to the husband.
“When the married woman starts to reside at the matrimonial home, where the siblings of the husband are also residing along with their spouses, it cannot be held that the spouses of the siblings would not fall under the definition of ‘relative’ for the purpose of Section 498A of the IPC,” the judgment stated.
The Court also noted specific allegations from the complainant that the petitioner used to demean her body shape and suggested her husband could find other women who were “more beautiful and suitable.” Furthermore, the petitioner allegedly questioned the complainant’s medical degree.
These actions, the Court concluded, prima facie amounted to cruelty under Section 498A.
