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Shantanu Wavhal (Worker)     19 February 2014

Kicking daughter-in-law amounts to cruelty: sc

Kicking Daughter-in-Law Amounts to Cruelty: SC
The Supreme Court today held that kicking a daughter-in-law amounts to an offence of cruelty punishable under Section 498A of IPC and allowed the trial of in-laws on a complaint of a woman alleging torture by them.


The apex court settled the issues relating to interpretation of the penal provision, which deals with the offence of subjecting a married woman to cruelty.

The verdict assumes significance as the court's earlier judgement on the issue had sparked a controversy forcing it to set aside its own ruling leading to a fresh hearing.

Allowing a curative petition by National Commission for Women (NCW), the apex court had "restored" the matter for de novo (fresh) hearing in a case in which it had in 2009 had set aside the summoning order by the trial court against the woman's father-in-law and mother-in-law on the allegation of cruelty. The mother-in-law was also accused of kicking the daughter-in-law.

After hearing the case afresh, a bench headed by Chief Justice P Sathasivam gave a green signal to hold the trial for cruelty which was earlier quashed.

"In view of the above, we unhesitatingly come to the conclusion that the complaint petition registered as complaint presently pending in the Court of Metropolitan Magistrate, cannot be interdicted but has to be finally concluded by the learned Trial Court.

"We, therefore, dismiss the appeals filed by the accused and in view of the time that has elapsed, we direct that the trial be completed expeditiously and in any case within a period of one year from the date of receipt of a copy of this order by the learned trial court," the bench said.

On March 14 last year, the Supreme Court had set aside its own verdict and had decided to hear afresh the issue whether kicking a daughter-in-law amounts to an offence of cruelty punishable under Section 498A of IPC.

The apex court in its order of July 27, 2009 had set aside the summoning order of March 21, 2005 passed by the trial court against a woman's husband, father-in-law and mother-in-law on the allegation of cruelty and breach of trust.

Though NCW was not party in the case, it had moved a curative petition, saying that the apex court's finding that kicking does not amount to cruelty, but some other offence, has far-reaching ramifications.

The court after hearing all the sides said, "The facts, as alleged, therefore will have to be proved which only be done in the course of a regular trial. It is wholly unnecessary for us to embark upon a discourse as regards the scope and ambit of the court's power to quash a criminal proceeding."

"Appreciation, even in a summary manner, of the averments made in a complaint petition or FIR would not be permissible at the stage of quashing and the facts stated will have to be accepted as they appear on the very face of it. This is the core test that has to be applied before summoning the accused," the bench said.

It said conduct which is likely to cause injury or danger to life or health (mental or physical) would come within the meaning of the expression cruelty.

"While instances of physical torture would be plainly evident from the pleadings, conduct which has caused or is likely to cause mental injury would be far more subtle.

"Having given our anxious consideration to the averments made in the complaint petition, we are of the view that the statements made in the relevant paragraphs of the complaint can be understood as containing allegations of mental cruelty to the complainant. The complaint, therefore, cannot be rejected at the threshold," the bench said.



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 5 Replies

Vivek (manager)     20 February 2014

SC is reconsidering this after 4 years. In 2009, it said, kicking daughter in law is not cruel. Now it is taking its trail.

 

It is changing its own verdict. If this is the case, where is the justice?

Any way it is now going for trail not the final decision. Now it is up to SC to keep its words in correct manner and win the trust of people of india.

If it tells, kicking daughter in law for in justice by in - laws, it is good. If in laws kicked DIL, for genuine reasons like filthy languages, stabbing, attempt to murder, etc again it will be baised law and people will lose faith in laws of india.

 

Also 498a is for dowry harrasement not for kicking the daughter in law. May be it is already covered under DV i think i.e. it is duplication of existing law. Of course if it got covered under 498a, it is gud as punishment in 498a is upto 3 years while in dv it is upto 5 years :P

 

I am eagerly looking for other's comment. Keep commenting

Amandeep (private)     20 February 2014

Mr. Vivek it is really hurtfull you are saying that kicking daughter in-law is not cruetly under 498a... it is a cruelty because nobody kicks daughter in-law as such they are their family member these happens only when there is money matters... and one thing i would like to ask everybody where a girl should go if she files complain then she is said that she is misusing.. and husband said that they are not ready to take her back.. and before that she has to bear a torture and if she takes stand that husband and family start taking these pleas... where a girl should go????????? why such boys marry and why such parents marry their children when they have to throw the daughter in-law from the house and yes sorry to say if this was with your sister then you also say that it is cruelty but this time its with another girl so you are saying its not cruelty under 498a .....

Vivek (manager)     20 February 2014

@AmanDeep,

Sir

one simple Q to you.

What should mother/father/brother/sister- in laws do, when daughter in law bangs them, use slangs, threatens them or attempt to murder or they come to know she is having some affairetc etc??

Tell me the solution to this situation.

Vivek (manager)     20 February 2014

Should they keep her dil next to them and do pooja to her?

 

FYI, I never supported kicking dil is good for no reason. Infact no one will do that.

T. Kalaiselvan, Advocate (Advocate)     20 February 2014

@Vivek, your question does not go with the subject matter.  The Supreme court has expressed that kicking of the daughter law is a matter, have to be proved which can only be done in the course of a regular trial.  further it has clearly expressed that conduct which is likely to cause injury or danger to life or health (mental or physical) would come within the meaning of the expression cruelty.  Therefore your question that "What should mother/father/brother/sister- in laws do, when daughter in law bangs them, use slangs, threatens them or attempt to murder or they come to know she is having some affair etc etc??" does not have any relevance to this decision  by the Supreme court.  The Court will always consider both the sides views and then only it will act as per law in rendering justice, hence wait for the outcome of the tirla of this case in the lower court, then decide about your further queries in this regard.


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