In a landmark judgment from January 2022, the Supreme Court ruled that a person cannot be denied their fundamental right to travel abroad just because they are accused in a 498-A IPC complaint. This decision came in the case of Deepak Sharma, whose brother’s wife had filed a complaint against her husband and his family, including Deepak.
The Division Bench of Justice Indira Banerjee and Justice J.K. Maheshwari emphasized that possessing a valid passport, visa, and other travel documents is sufficient to exercise the right to travel abroad. The mere fact that someone is accused in a family dispute does not justify restricting their personal liberty.
The case stemmed from a matrimonial dispute between the complainant and her husband, Nitin Sharma. The complainant filed an FIR against her husband and in-laws under various sections of the IPC, including 498-A, at the Thanesar City Police Station in Kurukshetra. However, the complaint did not disclose any criminal offense on the part of Deepak Sharma.
The court noted that Deepak Sharma lives and works in Texas, USA, while his brother resides in North Carolina. The complainant did not mention this in her complaint and provided no specific allegations or evidence against Deepak. The court found no grounds to prevent him from returning to the USA, where he had been employed for nearly a decade.
The Supreme Court highlighted that advising the complainant to adjust or failing to control an adult brother living independently does not constitute cruelty under Section 498-A of the IPC. The court further stated that the complainant’s fear that her husband might leave the country cannot be a reason to deny Deepak’s right to travel.
As a result, the Supreme Court set aside the High Court’s order that had denied Deepak permission to leave the country. This judgment underscores the importance of protecting personal liberty and ensuring that legal rights are not infringed upon due to unsubstantiated allegations in family disputes.
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