Mental Cruelty - The Legal Chamber

Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case

1Oct

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Supreme Court

Supreme Court Acquits Mother-in-Law, Cites Lack of Evidence in Dowry Harassment Case

The Supreme Court acquitted the appellant of charges under Section 498-A IPC. It held that the conviction, based solely on uncorroborated testimony of interested witnesses, was unsustainable. The Court emphasized that cruelty under Section 498-A must be proven by continuous or persistent conduct likely to drive a woman to suicide, which was not established by the prosecution evidence. Facts Of The Case: The case originated from the death of Chandra Devi, who was found deceased in her matrimonial home on June 15, 2001. Her father, Dharmanand Joshi (PW-1), filed a complaint the next day, alleging that his daughter had committed suicide by hanging. He reported seeing wounds on her body and expressed suspicion about her death, stating that the deceased had previously told him her mother-in-l...

Divorce Final, But Alimony Increased: Supreme Court Orders Doctor to Pay Engineer-Turned-Lawyer ₹50 Lakhs

The Supreme Court enhanced permanent alimony from ₹15 to ₹50 lakhs, balancing the husband's capacity to pay against the wife's qualifications and potential to earn. The ruling underscores that alimony is not merely sustenance but must provide financial security commensurate with the marital standard of living. Facts Of The Case: The case involves an appeal by the wife, M.V. Leelavathi, against a Karnataka High Court order that upheld the dissolution of her marriage to Dr. C.R. Swamy on grounds of cruelty and confirmed a permanent alimony award of ₹15,00,000. The couple married in February 2009 and the marriage remained childless. The husband, a doctor, filed for divorce in 2011 alleging mental cruelty. The wife contested the petition and filed a counterclaim for restitution of conjugal r...

Supreme Court Quashes FIR in 498A Dowry Case: Rules on Delay & False Allegations

The Supreme Court of India quashed an FIR and chargesheet, holding that while the complaint was within the limitation period as per Section 468 CrPC (relevant date for limitation being filing of complaint, not cognizance date), the allegations lacked specific incidents of cruelty and appeared to be a misuse of legal provisions. Facts Of The Case: The present appeal challenges a High Court order dated April 1, 2024, which set aside a Sessions Court order from October 4, 2008. The Sessions Court had discharged the Appellant from charges under Section 498A of the Indian Penal Code, 1860, in FIR No. 1098/2002. The case originated from a complaint filed by the Complainant wife (Respondent no. 2) on July 3, 2002, leading to the FIR being registered on December 19, 2002, at PS Malviya Nagar...