Karnataka HC: Wife Cannot File Dowry Complaint After Receiving Divorce Notice
In a recent ruling, the Karnataka High Court observed that a wife’s complaint of dowry harassment loses significance if filed after receiving a divorce notice. The Kalaburagi bench, led by Justice S. Rachaiah, quashed an FIR against the in-laws, citing that the case appeared to be an act of retaliation.
Case Background
Suma, a resident of Deodurga in Raichur district, married Gopal Gundyal in May 2013. She alleged that her husband refused to take her to Pune as she did not speak Marathi or Hindi, forcing her to live with her in-laws.
According to Suma, her in-laws constantly harassed her and pressured her to join her husband in Pune. After much persuasion, her husband finally agreed, but set a condition that she should not bring her relatives to their home.
Suma claimed that on December 22, 2018, at 10:30 PM, her husband and in-laws assaulted her and her parents. However, she did not file any complaint until December 25, 2018.
Court’s Observations
The in-laws denied all allegations, stating that the complaint was filed in retaliation after Suma’s husband initiated divorce proceedings in the Solapur family court on December 17, 2018.
Justice Rachaiah dismissed the charges, noting that the allegations seemed baseless and lacked sufficient evidence. He emphasized that unless specific accusations were made against each individual, they could not be charged.
The court concluded that the timing of the complaint suggested retaliation rather than a genuine grievance, leading to the quashing of the FIR against Suma’s in-laws.
Legal Implications
This ruling highlights that filing dowry complaints as a countermeasure after receiving a divorce notice may not hold legal weight. The judgment reinforces the need for clear evidence in matrimonial disputes before legal action is taken.
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