Pinnacle Court says Custody Of Bride s Jewellery For Safety Is Not Cruelty

A bench of Justices Indira Banerjee and J K Maheshwari delivered that failure to control an adult brother, living independently, or giving the advice to adjust to sister-in-law to avoid retaliation cannot constitute cruelty to the bride within the meaning of Section 498A of the IPC.

Taking custody of daughter-in-law's jewelry for safety cannot constitute cruelty under Section 498A of the Indian Penal Code, the Supreme Court has said.

Section 498 A says that the husband or relative of the husband of a woman subjecting her to cruelty. The case was lodged by a woman against her husband and in-laws for subjecting her to cruelty.

The Apex Court’s views came while hearing an appeal against an order passed by the High Court of Punjab and Haryana dismissing a plea by a man seeking permission to return to the US, where he is employed.

Earlier the High Court had rejected the man's prayer to leave the country as he was arrayed as an accused along with his elder brother and parents under sections Sections 323 (voluntarily causing hurt), 34 (common intention), 406 (criminal breach of trust), 420 (cheating) 498A and 506 (criminal intimidation) of the Indian Penal Code.

The bench said in order mentioned that“Failure to control an adult brother, living independently, or giving advice to the complainant to adjust to avoid vindictive retaliation cannot constitute cruelty on the part of the Appellant within the meaning of Section 498A of the IPC”.

The court said “There is only a general omnibus allegation that all the accused ruined the life of the complainant by misrepresentation, concealment, etc… “The Appellant is not liable for the acts of cruelty, or any other wrongful and/or criminal acts on the part of his parents or brother”

The top court said considering the nature of the allegations, it is not understood how and why the petitioner should have been detained in India.  “In our considered opinion, the Chief Judicial Magistrate, Kurukshetra, erred in directing the appellant not to leave the country without prior permission of the Court.

Finally, the court clearly said that “Taking custody of jewelry for safety cannot constitute cruelty within the meaning of Section 498A of the IPC.