India, July 22 -- A husband or his parents having custody of a child after a marital fight does not count as cruelty or harassment under Section 498A of the Indian Penal Code (IPC), the Delhi High Court has said.

Section 498A of IPC (replaced by Section 86 of the Bharatiya Nyaya Sanhita, in effect from July 1, 2024), also called the anti-dowry law, protects women from cruelty by their husband or his family because of dowry.

Justice Neena Bansal Krishna gave this ruling while hearing a case filed by an elderly couple who wanted a police case against them dropped. Their daughter-in-law had filed the case under many IPC sections, including 498A (cruelty by husband or relatives), 323 (causing hurt), 506 (criminal threats), and parts of the ...