Domestic Violence Quash Judgement 02.03.2022 – Karnataka High Court – Allegations against the Grandmother, uncle, and sisters-in-law are general and omnibus. DV Case Quashed.
 |
| Domestic Violence Quash Judgement 02.03.2022 |
Read More Judgements on DV Criminal Case Quashed
Domestic Violence Quash Judgement 02.03.2022 – In this article, the allegations made against the Grandmother, uncle, and sisters-in-law are general and omnibus in nature without quoting any specific avert act against any of the petitioners. Therefore, considering the facts against the petitioners the Karnataka High court quashed the criminal case against the petitioners.
Join Facebook Group - Apaizers Mens Rights
Case Brief - Domestic Violence Quash Judgement 02.03.2022
Marriage between the husband and wife was solemnized on 29.11.2015 as per the Hindu rites and customs. In the early days of marriage, everything was running smoothly between the couple and the family members of the husband. It is noted that after a few days of the marriage the relationship between the husband and the wife turned sore.
The wife contended that after around 15 days of her marriage, the husband
cleverly managed to collect all her gold on the pretext of keeping them safe in
the bank locker.
But after that, he never returned the gold to his wife, and not even to
wear on any family functions, and without the knowledge and consent of his wife pledged
the same in Bank.
The wife further contended that, after two weeks of the marriage, the mother-in-law started to communicate very badly about her with their relatives, friends, and neighbors. As a result, the wife wasn’t allowed to go to anybody's home and was also not allowed to talk to anybody who came to their home.
The wife was viewed by the people in a very wrong manner. Even though
the husband hails from Uppinangady, because of his business they were residing
at Udupi. Even the grandmother and uncle were residing at Udupi and the sister-in-law
was residing at Puttur and would very often come to Udupi. Hence, it was very
convenient for them to meet regularly and conspire together against the wife.
The mother-in-law started to create a gap between the husband and the wife. My Mother-in-law used to fill my ears against my husband and vice versa. Unknowingly, our marriage started to turn sour. Her repeated lies made the husband believe it as a hard truth.
The wife further contended that, in the month of February 2016, the wife
became pregnant and the mother-in-law was not happy with this news and instead
she became crueler to the wife and her torture and taunts kept on increasing. The
mother-in-law had even gone to the extent of adding something to wife’s drink
and forcing her to drink it.
In fact, the wife had severe vomiting during her pregnancy and she was
not given proper food, rest, nutrition, and medicines. Due to this she had
become very weak and weighed only 28 kgs.
And as a result, on 10.08.2016 the wife appears to have left the matrimonial home and started to reside at her parents’ home along with her parents.
Read judgement on Domestic Violence 22.07.2020 - Bald statements without any specific details against the distant relatives. Petition Dismissed.
Read 10 Tips to Counter Claim of Maintenance under Section 125 CrPC. when life leaves the husband without any reasonable cause and maintenance can be denied.
Referred Cases - Domestic Violence Quash Judgement 02.03.2022
1. Geeta Mehrotra and others v. State of Uttar Pradesh
2. Kahkashan Kausar @ Sonam and Others v State of Bihar and Others
3. Rajesh Sharma and Ors. Vs. State of U.P.
4. Arnesh Kumar Vs. State of Bihar and Anr.
5. Preeti Gupta & Anr. Vs. State of Jharkhand & Anr.
6. G.V. Rao vs. L.H.V. Prasad & Ors.
7. K. Subba Rao v. The State of Telangana
________________________________________________________________________________
Contact For Counseling to discuss Your case For Right Solutions
_______________________________________________________________________________
Issue Involved - Domestic Violence Quash Judgement 02.03.2022
By considering the relevant facts and contentions made by the Petitioners and Respondents, in court’s opinion, the most important issue which requires determination in the instant case is whether allegations raised against the in-laws Petitioners are general and omnibus in nature and therefore are liable to be quashed?
Court Opinion - Domestic Violence Quash Judgement 02.03.2022
After considering the above-mentioned
facts and circumstances of the case the court is of the opinion that the nature
and content of the allegations made, it becomes important to mention that Section 498A IPC was incorporated to aim at preventing cruelty committed on a woman by
her husband or by her in-laws, by facilitating rapid state intervention.
Therefore, on consideration of the relevant facts and circumstances and in the absence of any specific role attributed to the petitioners, it would be unjust if the petitioners are forced to go through the difficulties of a trial, i.e., general and omnibus allegations cannot manifest in a situation where the relatives of the wife's husband are forced to undergo trial. It has been emphasized by this court in various cases which are referred above, that a criminal trial which is eventually leading to an acquittal of the accused also inflicts major scars on him, and such an exercise, therefore, must be discouraged."
In the light of the complaint in hand not pointing out any overt act committed by other petitioners except the mother-in-law, permitting proceedings against other petitioners would result in the miscarriage of justice.
_______________________________________________________________________________
_______________________________________________________________________________
Conclusion - Domestic Violence Quash Judgement 02.03.2022
Blogger Comment
Facebook Comment