KOCHI: Body shaming of a woman by her in-laws, including the spouses of the husband’s siblings residing in the matrimonial home, amounts to domestic violence, the high court has held.
The ruling was issued by Justice A Badharudeen while dismissing a petition filed by the wife of the elder brother of a woman’s husband, who is accused in a domestic violence case. The case, registered by the Koothuparamba police in Kannur, arose from a complaint alleging that the woman was subjected to domestic violence at her matrimonial home. The police had charged the husband, his father, and the elder brother’s wife under Section 498A of the IPC (cruelty by husband or relatives).
The petitioner argued that, as the wife of the elder brother of the complainant’s husband, she did not fall within the purview of the term ‘relative’ under Section 498A. Additionally, she claimed that the only allegations against her were comments about the complainant’s body shape, suggesting she was unsuitable for her husband, and questioning the validity of her medical degree, compelling the mother-in-law to investigate the matter. The petitioner contended that such acts would not constitute domestic violence.
However, the high court held that a married woman residing in her matrimonial home, where the husband’s siblings and their spouses also reside, can consider such spouses as ‘relatives’ under Section 498A of the IPC. The bench further clarified that body shaming and questioning the complainant’s qualifications, as alleged, prima facie constitutes willful conduct likely to harm her mental and physical health under Explanation (a) to Section 498A. Accordingly, the high court dismissed the petition, emphasizing that such acts amounted to domestic violence.
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