The Supreme Court on Tuesday expressed dismay over
the misuse of dowry harassment and cruelty provisions by wives against the kin
of husbands including elderly parents in matrimonial cases.
A bench comprising Justices B V Nagarathna and
Satish Chandra Sharma said, "The term cruelty is subject to rather cruel
misuse by the parties, and cannot be established simpliciter without specific
instances, to say the least. The tendency of roping these sections, without
mentioning any specific dates, time or incident, weakens the case of the
prosecutions, and casts serious suspicion on the viability of the version of a
complainant." The verdict, authored by Justice Sharma, came on an
appeal against a Allahabad High Court order convicting the man.
The top court acquitted him of offences under
Section 498A (cruelty) of IPC and Section 4 of the Dowry Prohibition Act, 1961.
Notwithstanding the merits of the case, we are
distressed with the manner, the offences under Section 498A IPC, and Sections 3
& 4 of the Dowry Prohibition Act, 1961 are being maliciously roped in by
complainant wives, insofar as aged parents, distant relatives, married sisters
living separately, are arrayed as accused, in matrimonial matters." The
verdict underlined the "growing tendency" to include every relative
of the husband which cast "serious doubts" on the claims of the wife
or her family members and vitiated the objective of a protective legislation.
The bench ruled the wife's allegations of cruelty
and dowry harassment were vague, lacking specific details, and unsupported by
corroborative evidence.
It said criminal conviction couldn't rest on broad
or generalised claims.
"We cannot ignore the missing specifics in a
criminal complaint, which is the premise of invoking criminal machinery of the
state. Be that as it may, we are informed that the marriage of the appellant
has already been dissolved and the divorce decree has attained finality, hence
any further prosecution of the appellant will only tantamount to an abuse of
process of law, it held.
The verdict noted allegations shouldn't be ambiguous
or made in thin air and pointed out the present complaint lacked specifics such
as dates, times, and concrete incidents of harassment or cruelty.
It further noted the absence of medical records to
support the claim of a miscarriage caused by alleged physical assault.
The original complaint was filed in December 1999
against the estranged husband and his family members of mental and physical
abuse, dowry demands, and cruelty allegations stemming from a marriage that
lasted barely a year.
She claimed physical assault aside from being
pressured to resign from her job, administered laced drinks and being subjected
to humiliating parties.
The court, however, observed apart from the
testimonies of the woman and her father, there was no independent or
documentary evidence to support the claims.
The verdict noted the FIR in the case was lodged
nearly a year after the husband had filed a divorce petition, raising questions
about the timing and intent behind the criminal case.
The bench allowed the appeal and set aside the
Allahabad High Court's 2018 order, acquitting the husband of all charges.