The Supreme Court today held that kicking a daughter-in-law amounts to an offence of cruelty punishable under Section 498A of IPC and allowed the trial of in-laws on a complaint of a woman alleging torture by them.
The apex court settled the issues relating to interpretation of the penal provision, which deals with the offence of subjecting a married woman to cruelty.
The verdict assumes significance as the court's earlier judgement on the issue had sparked a controversy forcing it to set aside its own ruling leading to a fresh hearing.
Allowing a curative petition by National Commission for Women (NCW), the apex court had "restored" the matter for de novo (fresh) hearing in a case in which it had in 2009 had set aside the summoning order by the trial court against the woman's father-in-law and mother-in-law on the allegation of cruelty. The mother-in-law was also accused of kicking the daughter-in-law.
After hearing the case afresh, a bench headed by Chief Justice P Sathasivam gave a green signal to hold the trial for cruelty which was earlier quashed.
"In view of the above, we unhesitatingly come to the conclusion that the complaint petition registered as complaint presently pending in the Court of Metropolitan Magistrate, cannot be interdicted but has to be finally concluded by the learned Trial Court.
"We, therefore, dismiss the appeals filed by the accused and in view of the time that has elapsed, we direct that the trial be completed expeditiously and in any case within a period of one year from the date of receipt of a copy of this order by the learned trial court," the bench said.
