HC quashes dowry harassment case against sister-in-law, upholds charges against mother-in-law

Bombay HC quashes charges against sister-in-law in dowry harassment case, holds mother-in-law responsible. Victim faced torture, attempted immolation.

MUMBAI: The Bombay high court (HC) recently quashed charges against a sister-in-law, accused of dowry harassment and cruelty, while holding the victim’s mother-in-law responsible for playing a significant role in making repeated demands for money and subjecting the victim to physical harassment.

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The case was heard by justices Bharati Dangare and Manjusha Deshpande, who delivered their judgement on June 12. The victim in the case alleged relentless physical and mental torture by her husband and in-laws, including a horrific attempt to immolate her for not bringing sufficient money from her home.

The victim, who married into the Yadav family on May 5, 1996, in Mumbai, claimed that her husband and in-laws, including mother-in-law, Rajdevi Dharamraj Yadav, and sister-in-law, Hansadevi Deepak Yadav, persistently demanded large sums of money from the victim’s father. When these demands were not met, she faced torture and harassment.

One of the most chilling incidents described in her complaint occurred in 2004 at her marital home in Goregaon, when her husband poured kerosene over her and attempted to set her ablaze. The victim’s life was saved by a passerby who intervened and took her to the hospital.

During the court proceedings, the counsel representing the petitioners argued that the allegations against Hansadevi Deepak Yadav were vague and lacked specific details. He emphasised that the earlier complaint dated August 29, 2018, mentioned only the husband and did not implicate other relatives.

However, the judges were not convinced by this argument. They noted that the victim’s detailed statement on November 15, 2016, extensively described the harassment she faced from both her husband and his relatives. The court observed that the mother-in-law, Rajdevi Dharamraj Yadav, played a significant role in making repeated demands for money and subjecting the victim to physical harassment when she failed to comply.

The court found substantial evidence that Rajdevi repeatedly coerced the victim into meeting unlawful demands for money and subjected her to physical harassment upon non-compliance. Therefore, Rajdevi will continue to face trial for dowry harassment and cruelty.

On the other hand, the court found the allegations against Hansadevi Deepak Yadav to be of an omnibus nature, without specific details. While the victim mentioned harassment by her sister-in-law, the court found insufficient evidence to prosecute her under Section 498-A of the IPC, which deals with cruelty by relatives of a husband. Consequently, the proceedings against Hansadevi were quashed.