K’taka HC: Can’t try kin named casually in marital disputes

K’taka HC: Can’t try kin named casually in marital disputes

Vasantha.Kumar@timesgroup.com

Bengaluru:03.11.2020

In cases of matrimonial dispute, family members named without allegation of active involvement cannot be proceeded against on casual reference, the Karnataka high court has said, quashing proceedings against the mother-in-law, sister-inlaw and brother-in-law of a woman who had lodged a dowry harassment complaint. Proceedings against the husband will continue, it said.

The court noted that there was a tendency to involve all family members of a household in matrimonial disputes. Mere casual reference of names of the family members in a matrimonial dispute, without allegation of active involvement in the matter, would not justify taking cognisance against them, the court said in a judgment delivered last week.

The complainant, who married on on April 13, 2008, alleged that her in-laws were constantly instigating her husband to demand more dowry from her. She alleged that her husband had “extracted” more than 450gm of gold from her, which was in the custody of her sister-inlaw. On December 15, 2013, she said, when she and her parents demanded return of the ornaments, her husband along with the petitioners abused them in filthy language.

The complainant’s mother-in-law, brother-in-law and sister-in-law approached the court, challenging the proceedings initiated against them before a JMFC court at Udupi under section 498A and other IPC sections as well as Dowry Prohibition Act. The petitioners said there was no specific allegation against them and there was a delay in lodging the complaint as well.