Karnataka HC: Wife Cannot File Dowry Complaint After Receiving Divorce Notice
The Karnataka High Court’s Kalaburagi bench has ruled that a dowry harassment complaint filed by a wife after receiving a divorce notice from her husband loses its significance. Justice S. Rachaiah recently quashed the FIR registered against the in-laws in such a case.
Suma, a resident of Deodurga in Raichur district, married Gopal Gundyal in May 2013. She claimed her husband did not take her to Pune because she did not know Marathi or Hindi, forcing her to stay with her in-laws, who allegedly harassed her continuously, insisting she join her husband in Pune. Eventually, she convinced her husband to let her stay with him, but he set a condition that she should not bring any relatives to their Pune residence.
Suma alleged that on December 22, 2018, her husband and in-laws assaulted her and her parents around 10:30 pm. However, her in-laws dismissed these charges, asserting that the complaint was in retaliation to the divorce proceedings initiated by her husband at the Solapur family court on December 17, 2018.
Justice Rachaiah noted that Suma had not lodged any complaints against her in-laws until December 25, 2018. He stated, “It appears that the allegations are absurd in nature and are not sufficient to invoke the provisions mentioned.” The judge emphasized that unless specific allegations are made against each petitioner independently, it cannot be construed that the petitioners committed the offense.
The court found that the complaint was likely filed as a token of retaliation against the divorce petition. Consequently, the proceedings against Suma’s in-laws were quashed.
This ruling highlights the court’s stance that dowry harassment complaints filed post-divorce notice lack credibility and must be supported by substantial and independent allegations.
