LEGAL

No cruelty in taking bride's jewels for safety: SC
January 15, 2022

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Source: Inhouse illustration

One-liner: Taking custody of daughter-in-law's jewellery for safety can't constitute cruelty under Section 498A of the Indian Penal Code, the Supreme Court has said.

Crux of the matter: A bench said failure to control an adult brother, living independently, or giving advice to adjust to sister-in-law to avoid retaliation can't constitute cruelty to the bride within the meaning of Section 498A of the IPC.

  • Section 498 A refers to husband or relative of husband of a woman subjecting her to cruelty. The case was lodged by a woman against her husband and in-laws for subjecting her to cruelty

Need to know: The apex court's observations came while hearing an appeal against an order passed by the High Court of Punjab and Haryana dismissing a plea by a man seeking permission to return to the US, where he is employed.

  • The HC had rejected the man's prayer to leave the country as he was an accused along with his elder brother and parents under various Sections of the Indian Penal Code

On the other side: It said the complainant (daughter-in-law) has not given any particulars of the jewellery that had allegedly been taken by her mother-in-law and brother-in- law.

Behind the scenes: The top court said considering the nature of the allegations, it is not understood how and why the petitioner should have been detained in India. 

Bottom line: It said the allegations in the complaint against the petitioner do not disclose any offence under Section 498A of the IPC, which contemplates cruelty. 

Source: PTI