Allegations Against Husband's Relatives Cannot Be Viewed As False As A Thumb Rule Without Addressing Them: Kerala High Court

The Kerala High Court has held that the allegations against the relatives of the husband cannot be generally viewed as false, as a thumb rule without addressing them.Justice A. Badharudeen observed that general and sweeping allegations of cruelty against the relatives of husband are insufficient to attract an offence of cruelty under Section 498A of the IPC and there must be specific allegations with certainty. The Court stated that allegations must be evaluated on a case to case basis. Court stated, “It is noticed that the relatives of the husband being roped into prosecution alleging commission of offence under Section 498A of the IPC on the basis of general allegations without specifying the over acts with certainty. At the same time, it is not possible to lay down a ratio that allegations against the relatives of the husband generally to be viewed as false as a thumb rule and to drop proceedings against them, without addressing the allegations. In fact, the allegations should be evaluated in a case to case basis.”In the facts of the case, the de facto complainant and the first accused got married in 2005 and they were residing with his parents and brother (2nd accused and 3rd accused). As per the complainant, the accused-husband would consume alcohol and along with other accused used to manhandle her. She also alleged that the accused asked the complainant to leave their new house and asked her to give the key of the new house to the mother-in-law. The Court noted that there are specific allegations that the accused after the house warming of their new house threatened her to vacate it. It is also alleged that the accused were unhappy that the parents of the de facto complainant were residing with her and the mother -in-law abused the de facto complainant. The Court noted that there are specific allegations that the mother in law and brother in law threatened and abused the de facto complainant. The Court stated that quashing of proceedings can be sought when there are only sweeping and general allegations against the husband's relatives, but not when there are specific allegations made with certainty. Court added, “But the scenario is different where the allegations are specific against the relatives of the accused. Such cases, trial is necessary and quashment prayer would necessarily fail.”As such, the Court dismissed the petition and directed the mother-in-law and brother-in-law to face the trial. Counsel for Petitioners: Advocate T.K.VipindasCounsel for Respondents: Public Prosecutor Jibu T S, Advocate S ArunkumarCase Number: CRL.MC NO. 8651 OF 2018Case Title: V.Karthyayani v State of Kerala Citation: 2025 LiveLaw (Ker) 28Click here to Read/Download the Order

Allegations Against Husband's Relatives Cannot Be Viewed As False As A Thumb Rule Without Addressing Them: Kerala High Court

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Allegations Against Husband's Relatives Cannot Be Viewed As False As A Thumb Rule Without Addressing Them: Kerala High Court

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