38.6c New Delhi, India, Friday, May 24, 2024
Judiciary

Publicly slapping wife does not constitute ‘outraging modesty’: J&K HC [Read Order]

By Shreya Agarwal      24 February, 2024 07:57 PM      0 Comments
Publicly slapping wife does not constitute outraging modesty J K HC

SRINAGAR: The High Court of Jammu and Kashmir and Ladakh has held that a husband slapping his wife in public will not be liable under Section 354 (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code (IPC).

Quashing the issuance of process by a trial court in a case where a man allegedly “slapped and thrashed” his wife in “public gaze”, the single-judge bench of Justice Rajnesh Oswal observed that only an offence under Section 323 of IPC for voluntarily causing hurt applied in the case.

"From the averments made in the complaint, no offence under Section 354 IPC is made out but offence under Section 323 IPC is made out as the respondent has categorically stated that she was thrashed and slapped in public gaze by the petitioner when she had come to attend the proceedings," the Court ordered.

The husband had challenged the issuance of process by the trial court under Sections 354 and 323 of the IPC.

The incident allegedly happened when she arrived in Court to attend ongoing proceedings in a matrimonial dispute between the two.

He pleaded before the High Court that the trial court could not have issued the process for commission of an offence under Section 354 of IPC when the allegations in the complaint did not make out a case for the same.

The wife’s counsel also agreed with this submission.

Thus, the Court proceeded to quash the case under Section 354, IPC while upholding the issuance of process under Section 323 IPC.

Advocate Umar Mir appeared for the petitioner-husband.

Advocate Showkat Ali Khan appeared for the respondent-wife.

Cause Title: Mehboob Ali v. Nisar Fatima

 

[Read Order]



Share this article:

About:

A wanderer, aspiring yogini and writer. Shreya is a lawyer by profession, journalist by passion. A g...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Jammu & Kashmir High Court directs Election Commission to accept nomination papers of Ekam Sanatan Bharat Dal Jammu & Kashmir High Court directs Election Commission to accept nomination papers of Ekam Sanatan Bharat Dal

Jammu & Kashmir High Court directs Election Commission to accept nomination papers of Ekam Sanatan Bharat Dal, allowing their participation in upcoming Assembly elections in 4 states. Get the latest news on this political development.

Publicly slapping wife does not constitute ‘outraging modesty’: J&K HC [Read Order] Publicly slapping wife does not constitute ‘outraging modesty’: J&K HC [Read Order]

Husband slapping wife publicly is not "outraging a woman's modesty", Jammu & Kashmir HC holds.

Jammu and Kashmir High Court Grants Bail To Gang Rape Accused, Emphasizes Presumption Of Innocence [Read Order] Jammu and Kashmir High Court Grants Bail To Gang Rape Accused, Emphasizes Presumption Of Innocence [Read Order]

Jammu and Kashmir High Court grants bail to two men accused of gang rape, emphasizing the presumption of innocence and questioning the credibility of the allegations.

TRENDING NEWS

no-legal-mandate-for-uploading-of-form-17c-on-website-or-handing-over-to-anyone-other-than-candidate-or-agent-ec-tells-sc
Trending Judiciary
No legal mandate for uploading of Form 17C on website or handing over to anyone other than candidate or agent, EC tells SC

EC tells SC there's no legal mandate to upload Form 17C on websites or provide it to anyone other than candidates or agents, citing risks of misuse and mistrust.

23 May, 2024 11:28 AM
national-security-always-paramount-sc-cancels-bail-of-pfi-members
Trending Judiciary
'National security always paramount,' SC cancels bail of PFI members [Read Judgment]

SC emphasizes national security, cancels bail of eight PFI members, stressing balance between civil liberties and counter-terrorism under UAPA.

23 May, 2024 12:05 PM

TOP STORIES

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
recovered-direct-chats-between-kejriwal-and-hawala-operators-on-transfer-of-money-ed-claims-before-sc
Trending Judiciary
Recovered direct chats between Kejriwal and hawala operators on transfer of money, ED claims before SC

ED claims to have recovered direct chats between Kejriwal and hawala operators on money transfer in Delhi liquor policy scam; SC reserves judgement on arrest appeal.

18 May, 2024 11:47 AM
delhi-hc-refuses-jackie-shroff-interim-relief-against-youtuber-unfilteredthugesh-for-alleged-personality-rights-infringement
Trending CelebStreet
Delhi HC refuses Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for using "Thug Life" in video on Shroff

The Delhi High Court has refused Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for alleged personality rights' infringement.

18 May, 2024 05:20 PM
abuse-under-sc-st-act-has-to-be-in-public-view-to-make-out-offence-sc
Trending Judiciary
Abuse under SC/ST Act has to be in public view to make out offence: SC [Read Judgment]

SC rules abuse under SC/ST Act must be in public view. Case involves Olympic Riding and Equestrian Academy, highlighting key requirements for the offence.

18 May, 2024 05:45 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email