Cruelty to wife--Father Removing Child for Welfare of Child -- Offence under Section 498A IPC not made out
Taking away a child from the mother by the father, when motivated by genuine concern for the welfare of the child, does not constitute mental cruelty under Section 498A IPC. The threshold of cruelty under Section 498A must be assessed contextually, and an act supported by reasonable basis linked to the interest of the child cannot satisfy the ingredients of the offence. Where allegations in an FIR are general and omnibus, with no specific role attributed to the accused, no eyewitness testimony, no medical evidence, and material inconsistencies in the complaint, continuation of criminal proceedings amounts to abuse of process of court.
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