The Madurai Bench of the Madras High Court has reinstated the conviction of an 86-year-old man for subjecting his wife to mental and economic cruelty, reversing a previous acquittal by a lower appellate court. This marks the third stage in a legal battle that began nearly 18 years ago.
The case relates to a couple married in 1965 and living in Tamil Nadu's Ramanathapuram district. In 2007, the wife filed a complaint alleging that her husband had for years denied her food and financial support, isolated her within their home by forcing her to cook separately, prevented her from contacting relatives, and humiliated her. The Judicial Magistrate Court in Paramakudi, after trial, convicted the husband in 2016 and sentenced him to six months of simple imprisonment along with a fine of Rs 5,000.
In 2017, the Additional District and Sessions Court (Fast Track Court), Paramakudi, overturned the conviction. The appellate court acquitted the husband, stating that there was no corroborative evidence to support the allegations and no proof of dowry harassment or physical assault.
In the latest judgment, Justice L Victoria Gowri of the Madurai Bench set aside the acquittal and restored the trial court's conviction. The court held that cruelty under Section 498-A is not confined to physical violence or dowry demands but includes mental, emotional and economic cruelty. The judge noted that the wife's testimony, coupled with evidence of long-term neglect and humiliation, was sufficient to establish cruelty. She observed that domestic abuse often occurs within the privacy of homes, making it unreasonable to expect independent eyewitnesses.
The High Court directed the husband to undergo six months' simple imprisonment and pay the fine as originally ordered. The acquittal of the couple's son and daughter-in-law and the dismissal of the charge of criminal intimidation under Section 506(ii) of the Indian Penal Code were left undisturbed. The court also upheld a related order under the Domestic Violence Act, directing the husband to pay Rs 20,000 per month as maintenance to his wife.
