The Supreme Court on Monday gave an important verdict in a case of dowry harassment and domestic violence. The top court said that the husband’s relatives i.e. in-laws cannot be prosecuted merely on the basis of claims. There should be solid evidence for this. With this, the court canceled the case filed under dowry harassment and section 498A. Justice Sanjay Karol and Justice Nongmeikapam Kotishwar Singh said that the entire family cannot be dragged to court just by making claims and minor allegations.
Actually, the whole matter is of Guna in Madhya Pradesh. A woman had filed a case against her in-laws for domestic violence, cruelty and dowry demands. Madhya Pradesh High Court had refused to cancel the case going against the in-laws. The Supreme Court canceled the order of the Gwalior Bench of the High Court and completely ended the ongoing legal proceedings against the in-laws.
The woman got married in 2019
The woman (complainant) was married in November 2019. In January 2023, the woman lodged a complaint against her husband and his relatives in Guna, Madhya Pradesh, under Section 498A, Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Act. She alleged that a huge amount of dowry in the form of cash, jewelery and household items was given at the time of marriage and she later faced harassment. Apart from this, more dowry was demanded from her. Many allegations were also made under the Domestic Violence Act.
Case was filed under 498A
These include allegations of mental harassment, surveillance through cameras, restrictions on movement and threats with licensed guns. The matter reached the High Court. Madhya Pradesh High Court refused to quash the FIR or Domestic Violence Act proceedings. The court said that prima facie the allegations against the relatives are true. After this the in-laws approached the Supreme Court. The Supreme Court canceled the High Court order and said that the law has been misused in this.
Section 498A of the IPC is a strict law designed to prevent cruelty (physical or mental abuse) and dowry harassment to a married woman by her husband or his relatives. Let us tell you that Section 498A of IPC has now been It has been included under sections 85 and 86 of the Indian Justice Code i.e. BNS.
Supreme Court gave this decision
The Supreme Court said that when marital relations between husband and wife start deteriorating, then out of anger and bitterness, allegations are often made on the entire family (in-laws). Lower courts should exercise utmost caution in such cases and should not allow cases to be registered against relatives without proper investigation. The court said that the complainant merely alleging that the family members supported the husband, did not intervene or advise for reconciliation. In such cases, law cannot be used as a weapon. The court said that if there is no concrete evidence against the in-laws, then a case cannot be prosecuted against them just because they are relatives.
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