In a case titled Mithu Dash @ Bhuiya v. State of Maharashtra, the Calcutta High Court recently overturned a woman’s cheating and fraud accusation after her husband claimed she had stolen expensive jewelry and a mobile phone. The petitioner woman was married to the complainant since last 29 years and left her matrimonial house after she was tortured mentally and physically.
The bench comprising of single judge justice Shampa Dutt (Paul) noted from the material on record that the woman had taken away only those ornaments which usually a married Bengali woman wear on daily basis. Further, the petitioner was accused of taking away two mobile phones, one gold chain of her son and one gold necklace of her own.
“These ornaments/accessories as described, are worn on regular basis by a traditional Bengali married woman, who chooses to wear them. The phones which might be for her own use and the ornaments as described, cannot be the basis of a criminal case between a married couple, that too, after 29 years of marriage,” Justice Dutt held in the order. The bench observed that the allegations clearly don’t make out any case as alleged against the petitioner.
In short the if married woman leaves her matrimonial house with traditional marriage ornaments can’t be booked as cheating.
References :
2.Mithu_Dash___Bhuiya_vs_State_of_West_Bengal.pdf (assettype.com)
This is written by Ms. Meera Benjarge student of Manikchand Pahade Law College Aurangabad.
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