Jahanvi Agarwal
The Patna High Court on 30th March 2024 addressed a case involving an estranged couple where the derogatory language was used, such as terms like “bhoot” (ghost) and “pishachi” (vampire), but concluded that such language did not constitute “cruelty”.
This observation was made by Justice Bibek Chaudhuri, presiding over a petition filed by Sahdeo Gupta and his son Naresh Kumar Gupta, residents of Bokaro, Jharkhand. They contested a decision made by courts in Nalanda district, Bihar, following a complaint filed by Naresh Gupta’s ex-wife from Nawada.
The complaint, filed in 1994, alleged physical and material abuse by Naresh Gupta and his father, demanding a car as dowry. In 2008, the case was transferred from Nawada to Nalanda, and the Chief Judicial Magistrate sentenced the father-son duo to rigorous imprisonment for a year . Their appeal to the Additional Sessions Court was rejected a decade later. Meanwhile, the couple obtained a divorce from the Jharkhand High Court.
During proceedings, the ex-wife’s Advocate argued that calling a woman “bhoot” and “pishachi” in the 21st century constituted “immense cruelty”. However, the Court disagreed, stating that such language exchange was not uncommon in failed marriages. While acknowledging the harassment and torture faced by the woman, the Court found no specific allegations against either parties. Consequently, the lower court judgments’ were quashed without any cost imposition.
Justice Chaudhuri remarked, “In matrimonial relations, especially in failed matrimonial relations, there have been instances of both the husband and the wife abusing each other with filthy language. However, all such accusations do not come within the veil of cruelty.”
Case Name: Sahdeo Gupta v. The State of Bihar
Dairy Number: 923/2018
Bench: Justice Bibek Chaudhuri