Husband responsible for harassment of woman’s father-in-law: Supreme Court

New Delhi: The Supreme Court has made a very important comment on the prevailing practice of marriage in India. According to the prevailing custom in India after marriage, the wife goes to live with her husband. However, the Supreme Court on Monday said that if a woman was beaten by her in-laws, her husband would be mainly responsible for her injuries. This time, the Supreme Court refused to grant pre-arrest bail to a man accused of beating his wife in one case. This was the third marriage of the person whose petition was being heard by the court and the second marriage of the woman concerned.

The woman’s complaint

Within a year after the marriage, the couple had a child in 2018. In June last year, the woman had lodged a complaint with the Ludhiana police against her husband and father-in-law. The woman had alleged that her husband, father-in-law and mother-in-law had beaten her for not fulfilling the demand for dowry.

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Earlier, the bail was rejected by the high court

Earlier, the Punjab and Haryana High Court had also denied pre-arrest bail to the accused husband. In the Supreme Court, her husband’s lawyer Kushagra Mahajan insisted on pre-arrest bail. Then, a bench headed by Chief Justice Sharad Bobade gave a stern rebuke to the husband. ‘What kind of man are you? According to his wife, an attempt was made to strangle her and forcibly performed an abortion. You are the man who beat his wife with a cricket bat, ‘the bench said.

At this time, advocate Mahajan took a defensive stance saying that it was not the accused but his father who had beaten the woman with a bat. This time, the bench headed by the Chief Justice said, “It does not matter whether the alleged perpetrator was the husband or the father … When a woman is harassed at her father-in-law’s house, it is mainly the husband’s responsibility.” At the same time, the Supreme Court rejected the pre-arrest bail of the accused husband.

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According to the woman’s complaint, on June 12, 2020, at around 9.00 pm, her husband and his father had beaten her with a cricket bat. The husband’s mother was also involved. After the beating, the husband also tried to kill his wife by strangling her. His father also tried to kill the woman by pressing a pillow over her face. The woman was then thrown into the street. After receiving information about the incident, the woman’s father and brother rushed to the spot and admitted the woman to the hospital for treatment. The woman has alleged that she had two miscarriages due to previous beatings at her father-in-law’s house.

According to the complainant’s Medico Legal report, she had 10 serious injuries on her body. Five of them had injuries on her face, head, vagina and neck. According to medical experts, 8 out of 10 wounds were caused by this sharp weapon. The Medico report reinforced the woman’s allegations.

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