It’s not a sin to live as a joint family

Iranna and ors Vs Shaila

Karnataka HC

14/11/2018

Crl. P. No. 102660/2017

About/from the judgment:

Just because a husband is made an accused in a dowry harassment case, there’s no presumption in law that all other members of his family also have to be named as accused, the high court has observed while quashing a complaint lodged by a woman, reported TOI.

 

“It is not a sin to live as joint family,” court stated while allowing the petition filed by Iranna and five others.

 

The judge noted that the only requirement in a joint family is that every member has to give other members, including the daughter-in-law, who is a new member of the house, some space.

 

However, the proceedings in the case filed by the woman against her husband Sangamesh, a police sub-inspector, will continue.

 

‘Exaggerated complaint’

 

Along with her husband, Shaila had named his parents Iranna and Laxmibai, brothers Mahantesh and Shrishail, uncle Totappa a nd his wife Sunanda as accused in the complaint.

 

 

Justice Rao noted that the complaint is exaggerated. “A complainant has every liberty to project her grievance. At the same time, she has to ensure that persons or relatives whom she accuses are not jeopardized when they are innocent,” the high court stated. Shaila and Sangamesh got married on May 23, 2010 in Bagalkot district. However as differences arose, she filed a complaint alleging torture and harassment and was driven out of the house in August 2012 as she failed to give Rs 50 lakh and gold ornaments as demand ed by her husband’s family. According to Shaila, as per the marriage deed executed during the betrothal ceremony, Rs 5 lakh, 41 gram gold, sofa, teakwood double cot and steel and silver articles worth Rs 50,000 were paid to the groom. She alleged the family did not allow her to work after marriage. Later, when she got a job as a schoolteacher in Mulbagal, her husband managed to get a transfer from Kavital station in Raichur to Mulbagal station in 2014, with an intention to harass her.

Read the Judgment

Knowledge and content of about almost all their respective descriptions are borrowed from law-related blogs and websites, we, therefore, wish to give proper credit to all the respective law-related blogs and websites like LiveLaw, Bar and Bench, LatestLaws, PathLegal, FirstLaw, Lawctopus, IndianKanoon, Manupatra, LegallyIndia etc.. Many of the judgments are also taken from them websites of Hon'ble Supreme Court and other respective Hon'ble High Courts!

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