fighting back (exec) 25 November 2014

Should accusation of dowry have to be under 498 for cruelty

As per the latest ruling of the supreme court, stating that: False dowry charge ground for divorce, Supreme Court rules, as it is specifically stated as under:

NEW DELHI: If a woman's complaint accusing her husband and in-laws of cruelty under the dreaded Section 498A of Indian Penal Code turns out to be false, then the man is entitled to divorce, the Supreme Court has ruled.

so, if dowry charges are levelled under DV act, or included in petitions of 125, HMA 24 or even RCR cases filed by wives, does this judgement fit into the picture to constitute cruelty as dowry charges have been levelled.

is this judgement only valid for 498a cases or other cases which i have mentioned which include dowry demand allegations. so in future can this citation be used for divorce cases where 498 has not been filed but dowry charges are leveled in other cases

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 30 November 2014

Dowry demand harassment charges can be made only in the respective provisions of law and not in all the cases filed under different acts as mentioned in your thread. The DV act or sec-24of HMA of Sec-125of cr.p.c. has nothing to do with dowry demand even if the petitioner has made a mention of it in the pleadings. cruelty as defined will remain.

fighting back (exec) 30 November 2014

thank you for your reply sir, with reference to your reply, in the last line, you have mentioned that ' cruelty as defined will remain' so is correct that, taking these accusations of dowry in consideration, will it be considered as cruelty on husband' because dowry accusations have been made in different sections. So only 498a and other dowry specific laws need not be pressed , to consider it as cruelty, mere dowry accusations are enough to establish cruelty