Karnataka High Court: Dowry Complaint Invalid If Filed After Receiving Divorce Notice
In a recent judgment, the Karnataka High Court’s Kalaburagi bench ruled that a dowry harassment case filed by a wife after receiving a divorce notice from her husband holds no legal value. Justice S Rachaiah quashed the FIR against the in-laws, saying the complaint appeared retaliatory and lacked proper evidence.
The case involved Suma, a resident of Deodurga in Raichur district, who married Gopal Gundyal in May 2013. Suma stated that her husband did not take her along to Pune, claiming she did not know Marathi or Hindi, forcing her to stay with her in-laws.
In her complaint, Suma alleged that her in-laws constantly harassed her, insisting she join her husband. Eventually, she convinced her husband to let her live with him, but he set a condition—she could not bring her relatives to their home in Pune.
Suma claimed that on December 22, 2018, she and her parents were assaulted by her husband and in-laws. However, the in-laws denied the accusations and argued that the complaint was filed only after the husband initiated divorce proceedings in the Solapur family court on December 17, 2018.
The judge noted that Suma had not filed any complaint until December 25, 2018, which was after the divorce petition was filed. Justice Rachaiah observed:
“The allegations seem absurd and insufficient to invoke legal action. Without specific claims against each individual, a general complaint cannot stand.”
He further stated that the timing of the FIR suggested it was a reaction to the divorce case, and not a genuine legal grievance. As a result, the court quashed the FIR against the in-laws.
This judgment emphasizes the importance of timing, credibility, and proper evidence in filing cases under dowry and harassment laws.
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