While hearing a case from Karnataka, the Supreme Court made a significant comment on dowry harassment. During the proceedings of the case, Justice Sanjiv Khanna, heading the bench, stated that mistreatment of a woman by her in-laws cannot be termed as dowry harassment. The bench emphasized that if there is no evidence of interference or involvement in the complainant's marital life, the accused cannot be charged under Section 498A of the Indian Penal Code for cruelty. Justice Sanjiv Khanna clarified this in a recent order.
The court was hearing an appeal from a woman in Karnataka, against whom her newly married sister-in-law had accused of using indecent language and throwing her personal belongings into a garbage dump.
It should be noted that under Section 498A, "Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine."
However, the bench found that the accused woman was not residing in the same house as her sister-in-law. In fact, the woman was living abroad. The court noted that the sister-in-law had not provided any specific details about the cruelty alleged against her. The bench mentioned that the woman's brother had divorced his wife in 2022. The accusations against him by his sister-in-law were vague and general.
The court ordered that accordingly, criminal proceedings against the appellants be quashed. However, it clarified that if any material comes on record during the recording of evidence that justifies a trial, it will be open for the trial court to proceed in accordance with the law.
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