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Supreme Court Allows Brother-in-Law Accused in 498A Case to Travel Abroad

In a landmark January 2022 judgment, the Supreme Court of India ruled that an individual cannot be denied the fundamental right to travel abroad solely because they are accused in a 498A IPC complaint. This decision ensures that personal liberty is not compromised without substantial criminal evidence.

A Division Bench comprising Justice Indira Banerjee and Justice J.K. Maheshwari emphasized that Deepak Sharma, the appellant in this case, could not be held responsible for controlling his adult brother’s actions or advising the complainant to adjust. These acts do not constitute cruelty under Section 498A IPC.

Case Background

The case originated from a complaint filed by Nitin Sharma’s wife against her husband and in-laws under Sections 323, 34, 406, 420, 498A, and 506 IPC. The FIR was registered at the Thanesar City Police Station in Kurukshetra.

The complainant alleged harassment and the taking of her jewelry by family members. However, the Supreme Court noted several key points:

  • Deepak Sharma, the appellant, resides and works in Texas, U.S.A., and does not live with his brother or the complainant.
  • The complainant failed to specify any allegations of jewelry being with the appellant.
  • The appellant’s role in the matter was unclear and unsupported by evidence.

Court Observations

The Supreme Court found no grounds for implicating Deepak Sharma in the 498A case. The Bench observed that the complainant’s fear of her husband leaving the country could not justify preventing the appellant, who had been working in the U.S.A. for nearly a decade, from returning to his job.

Judgment

The Supreme Court set aside the High Court’s order that denied Deepak Sharma permission to travel abroad. The ruling reaffirms the principle that the right to travel cannot be restricted without valid reasons, especially when allegations lack merit.

This decision underscores the judiciary’s commitment to upholding personal liberty while ensuring due process in matrimonial disputes.

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