Bombay High Court refuses to scrap FIR against in-laws for 'harassment' on WhatsApp call: Report

The woman in her plaint alleged that even as her sister-in-laws lived in their matrimonial residences, they often intervened in the life of their brother.

An FIR was filed by a married woman in Mumbai's Chembur against her in-laws for allegedly asking her to show on a WhatsApp video call that she had cleaned the house. While the in-laws filed a petition for scrapping the FIR, the Bombay High Court has refused to quash the complaint filed under Indian Penal Code Section 498A.

The woman registered the complaint against her husband, who is a resident of Chembur. The FIR, which also names the woman's father-in-law and three sister-in-laws, has been registered in Tilak Nagar police station. As per a report in the Times of India, the couple tied knot in December 2021 and the woman was being harassed by her husband's sisters for routine tasks at home.

The woman in her plaint alleged that even as her sister-in-laws lived in their matrimonial residence, they often intervened in the life of their brother. The husband and his sisters have been accused of releasing the house help, while they later directed the bride to carry on the homely tasks.

Refusing to quash the FIR by the wife, Justices Ajay Gadkari and Neela Gokhale on July 22 observed, “The allegations against the sisters-in-law pertaining to compelling the complainant to show them the house cleaned by her on WhatsApp video call appear to be a peculiar and sadistic manner of ill-treatment".

The complainant is further said to have detailed in the FIR how her sister-in-laws video called her on WhatsApp and asked her for the proof of the house being cleaned. The husband's sisters are said to have made a group on the messenger where they gave directions to the complainant over what's to be cooked for the day.

The woman then alleged that her sister-in-laws instigated her husband that led to disputes between the couple. The disputes went to an extent where she alleged her husband also denied sharing "conjugal" relations with her. She further alleged that they sent her messages telling her what to cook for breakfast, lunch and dinner.

In her FIR, she also said that her sister-in-laws came to her home in October 2022 and abused her while demanding gifts from her parents. The complainant was then asked to leave her husband's house while her jewellery was kept by the sister-in-laws, the publication reported.

Contradicting to the allegations in the FIR, the petitioner's (in-laws) lawyer Vrushabh Savla said the plaint is in a matrimonial dispute which is being turned into a criminal case and that Section 498A is being misused. The wife’s advocate, Prerak Chaudhary, said her parents and uncle have corroborated her complaint.

The judges after having observed the details presented from both sides ruled, "The FIR reveals that the complainant, a woman—a newlywed daughter-in-law— was pitted against the might of the five petitioners, who were abusing and ill-treating her on petty issues. The sole aim appears to be to extort money from her and her parents. This is clear from the fact that even after driving her out of the matrimonial home, they have refused to hand over her ‘streedhan’ comprising valuable jewellery and her articles.”

They said there is enough for the wife to apprehend “there was danger to her life and limb at the hands of the petitioners.”

“The allegations in the FIR prima facie disclose the commission of the alleged offences,” the judges observed.