"Dear, itís sad to know whatever happened to your daughter but you need to be very strong to get justice. You have very strong case to be filed against your son-in-law. You can file a case of 498A of Indian Penal Code i.e. cruelty by husband or relative of husband. Supreme Court in various judgments has explained the term cruelty. But cruelty under IPC as per the case
Indrasing M. Raol vs State Of Gujarat on 23 July, 1999 means The husband or his relative if subjects the woman to cruelty is made punishable but every act termed as cruelty or harassment would not fall within the ambits of Sec. 498A. The meaning ofcruelty is given vide explanation to Sec. 498A. It means wilful conduct of such a nature as is likely to propel, or goad or compel the woman to commit suicide or to cause grave injury or danger to life, limb or health. If the woman is subjected to harassment with a view to coercing her or any person related to her to meet any unlawful demand for property or valuable security or coercing her & her relative owing to failure on her or her relatives' part to meet such demand, the same would also amount to cruelty prosecution has to, as made clear hereinabove, establish that the cruelty or harassment was unabated, incessant & persistent and being grave in nature unbearable; and the same was with the intention to force the woman to commit suicide or to fulfil illegal demand or dowry of the husband or her in-laws. At this stage, reference of two decisions may be made. The High Court of Bombay has also taken the same view in the case of SARLA PRABHAKAR WAGHMARE vs. STATE OF MAHARASHTRA 1990 Cr.L.J. 407 observing that every harassment or every type of crueltywould not attract Sec. 498A. It must be established that beating and harassments was with a view to force the wife to commit suicide or fulfil illegal demands of husband or her in-laws. The Supreme Court has also taken the same view in the case of STATE OF MAHARASHTRA VS. ASHOK CHOTELAL SHUKLA, (1997) 11 SCC 26 observing that the prosecution has to establish that the accused committed acts of harassment or cruelty as contemplated by Sec. 498A, and such harassment or cruelty must be the cause forcing the wife to commit the suicide. What can be deduced from these authorities
that a solitary incident can not be interpreted to be the sufficient evidence of cruelty or harassment attracting Sec. 498A because in that case, incessant, persistent and sufficiently gravecruelty as is likely to drive the woman to a point of desperation leaving her with no option except to think about suicide will be absent. In other words, a single incident will not incite a woman to commit suicide the improvident act, believing that life is now not worth living. Even if in some case it incites, the same will not attract Sec. 498A as persistency or incessancy will be lacking. The section when envisages that cruelty or harassment must be unabated continuous or recurring & unbearable, one or two incidents casually taking place, may therefore, attract another penal provisions of I.P. Code, but will not attract Sec. 498A of Indian Penal Code. What is further necessary may be elucidated.
Court is also to make necessary endeavour to ascertain why the husband or his relatives had as alleged turned up their nose at the victim and resorted to coarse cruelty, divorcing civility, delicacy & refinement. Having regard to the facts & circumstances on record, if Court finds that the misdeed or wrong on the part of the accused is the compelling reaction of the real or unjust or fancied provocative act of the victim, i.e. abetted counter-action or wrong, the same even if incivil or barbaric will not fall within the ambits of cruelty envisaged by Sec. 498A, for required intention would be lacking although the same may attract any other Penal provision. In short, therefore, intention to drive the woman to commit suicide being the essential ingredient, the endeavour of the court must be to find out having regard to the facts & circumstances on record, what the intention of the accused was ? I will, therefore, proceed to ascertain what could be the intention of the appellant when he, on mid-night as alleged, behaved stormily or roughly, though it is clear that the alleged solitary incident will not attract Sec. 498A.
You can refer this judgment for the help.