Thanks to Renuka ji.
It's agood posting and informative.
When I had read that judgement citation, long time ago, that " Kicking daughter-in-law is not a cruelty under 498a"...at that time I believe and remember that ......................
the view of the hon court and from all corners of society was that "there has been an instance cruelty beyond doubt, in this perticular case, but not fit to be framed under IPC envisaged in 498a statute.
The guideline given was that wronged party may seek remedy in terms of divorce for this mis-behavior...but mere act of kicking the daughter-in-law doesn't prove dowry harrasement committed by the mother-in-law to convict herunder 498a!!!!"
The way chargs of murder and culpable homicide and decide on due care and consideration........
................in the same way even though the act is henious, the charges must be framed with due care between 'cruelty-divorce' and 'cruelty and dowry torture-498a'.
Judgement nowhere says that kicking is allowed and to be encouraged!!!
Hence the essence of judgement is not takken in a correct manner.....This is my personal take....