20 Mar 2026 12:02 PM

Cruelty to Wife-- Vague And Omnibus Allegations Without Specific Acts Or Dates Do Not Disclose Prima Facie Offence Under Section 498A IPC

Cruelty under Section 498A IPC must satisfy statutory ingredients under the Explanation — mere matrimonial discord or ordinary family expectations do not suffice. A complaint that is generic, omnibus, and lacking in specificity as to dates, context, and individual acts attributable to each accused does not disclose a prima facie offence. For criminal breach of trust under Section 406 IPC, foundational elements of entrustment and dishonest misappropriation must be specifically pleaded. Once a decree of divorce attains finality, the foundational requirement for invoking rights under the Protection of Women from Domestic Violence Act, 2005 materially weakens.

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