This is a landmark judgment from Hon’Ble Delhi High Court based on which recent Landmark Rajesh Sharma Judgment is delivered issuing guidelines in regards to heavy misuse is matrimonial cases.
Operating portion of judgment:
Para 19,
Only allegation against the respondents is that they did not like the clothes brought by the petitioner as customary gifts for relatives of the husband. One of the sisters-in-law remarked that had the marriage taken place with her sister, more dowry would have been received. These allegations when tested on the anvil of aforesaid tests, do not make out a case of either `cruelty’ or `harassment’ as contemplated by section 498A IPC.
Non-acceptance of gifts might have hurt her feelings and other remarks might have been unkindly and incisive but by no stretch of imagination, such a conduct involves any of the ingredients of either offence under section 498A IPC or 406 IPC.
Neither such an act nor conduct has the effect of driving the woman to commit suicide nor of causing grave injury nor is likely to cause danger to life or limb nor did it amount to tormenting her either physically or mentally to compel or force her or her relatives to fulfill the demands of any property or valuable security.
For the foregoing reasons, the petition is highly misconceived and is being used as a tool to hold the entire household to ransom and jeopardy. Petition is dismissed.
Savitri Devi vs Ramesh Chand And Ors. on 19 May, 2003
Citations: [2
Other Source links:
Index of Discharge Judgments u/s 239 are here.
Shades of Knife
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