There is no basis to prosecute in-laws for cruelty by remaining mute spectators: Supreme Court. india news

There is no basis to prosecute in-laws for cruelty by remaining mute spectators: Supreme Court

New Delhi: The Supreme Court has said that a woman’s in-laws cannot be prosecuted for cruelty or demand for dowry merely because they remained mute spectators to disputes between husband and wife and did not come to the daughter-in-law’s rescue. It states that although such conduct is questionable on ethical grounds, it does not automatically lead to criminal culpability.The bench of Justices Sanjay Karol and NK Singh said that the criminal law cannot be applied against each member of the husband’s family merely on the basis of generalized and omnipresent allegations and in the absence of specific acts attributable to any person/persons.“The mere allegation that the family members ‘supported’ the husband, failed to intervene or advise the complainant to make adjustments in the marital relationship, without any further consideration, will not in fact attract criminal liability. Indeed there may be situations where some relatives remain passive spectators or fail to come to the aid of the complainant; Such conduct, though morally questionable, cannot automatically be raised to the status of criminal culpability unless the surrounding circumstances clearly disclose his active involvement or participation in the alleged offences,” the bench said.The court quashed criminal proceedings against her in-laws in a case where a woman in Guna, Madhya Pradesh, had accused her husband and in-laws of dowry harassment, noting that no specific allegations were made against them. Even as it said that the suffering of a woman in a failed marriage cannot be ignored lightly, it appealed to the courts to exercise more caution while dealing with matrimonial dispute cases and investigate the allegations carefully.It noted that marital disputes are often accompanied by heightened emotions, strained relationships, and deep personal grievances. Given the circumstances, complaints alleging cruelty and harassment often involve not only the spouse but also his or her entire family, including relatives who have little or no active role in the marital dispute. What is important in this context is whether there are specific allegations revealing active participation on the part of such persons in acts such as cruelty, harassment or unlawful demand of dowry.

Source link

Leave a Reply

Your email address will not be published. Required fields are marked *