Kerala HC rules body-shaming by husband or relatives as 'marital cruelty' citing injury to mental health

By Aishwarya Nair | First Published Nov 19, 2024, 4:40 PM IST

The Kerala High Court has ruled that body shaming by a husband or his family members amounts to marital cruelty under Section 498A of the IPC. Justice A. Badharudeen explained that body shaming could harm a woman's mental or physical health and may even drive her to suicide, constituting cruelty as per the law.

The Kerala High Court recently stated that body shaming a wife by her husband or his family could be considered cruelty under Section 498A of the Indian Penal Code (IPC), which addresses marital abuse. Justice A. Badharudeen stated that body shaming falls under explanation (a) of Section 498A of the IPC, which defines cruelty as any deliberate act that could potentially drive a woman to suicide or cause serious harm to her physical or mental health.

"Holding the law as above, when the overt acts herein, at the instance of the petitioner (accused), are evaluated, 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 Court said in its judgment as quoted by Bar and Bench.

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The ruling came in response to a woman's complaint of marital cruelty against her husband, his father, and his brother's wife. The brother's wife approached the High Court, requesting the dismissal of the proceedings filed against her under Section 498A of the IPC based on this complaint. Her main argument was that as the wife of the husband's elder brother, she should not be considered a "relative" under the definition provided in Section 498A.

However, the Court pointed out that the case at hand did not involve the brother's wife, as mentioned in the complaint. It further observed that, in this particular instance, the brother's wife was living in the same matrimonial home as the woman who had filed the complaint.

The second argument presented on behalf of the petitioner was that the sole accusation against her was body shaming.

The Court, however, reviewed the first information statement and found that the allegation against the petitioner was that she mocked the complainant for her body shape, suggesting that her husband could find more attractive and suitable women. Additionally, the petitioner allegedly questioned the authenticity of the complainant's medical degree.

The Court concluded that these allegations, if true, would prima facie constitute marital cruelty under Section 498A of the IPC. As a result, the petition was dismissed.

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