The Andhra Pradesh HC in the case of GMR v. Smt. GS, has observed that “Neglecting the child and refusing to take responsibility for his treatment does not fall under the ambit of cruelty as per Section 498-A or criminal intimidation under section 506 Indian Penal Code,1860 (IPC).”

In 2011, the complainant (Wife) and the Petitioner (Husband) tied the knot. After some time the wife alleged that she was being harassed and mistreated by her husband and in-laws. The purpose of harassment was to extract money from her parents. In 2015, they were blessed with a boy but the woman was allegedly sent to her matrimonial home and nobody from her in-laws bothered to look after her or her son. Her son had some problems with his testicles and had to undergo an operation and her husband refused to provide any financial support. A Complaint was filed and cognizance was taken under Sections  498-A, 509, 506, 354 r/w 34 of IPC. Although the complaint was filed after the limitation period was over.

However Justice R.Raghunandan Rao while relying on the judgement given in the case of Kamlesh Kalra vs Shilpika Kalra & Ors, observed that “Given the clear non-application of mind, this Court would have to set aside the said order of cognizance. However, setting aside the order of cognizance would only result in a remand of the case to the Magistrate and the issues raised by the petitioners would remain unanswered, The allegations about the later period are allegations of neglect and refusal to visit or meet the de facto complainant or her child. It would have to be seen whether this behaviour would attract any of the provisions contained in the charge sheet.”