New Delhi:
The Supreme Court today set aside its 2009 verdict which said that if a mother-in-law kicks her daughter-in-law or threatens her with divorce, it won't amount to cruelty.
The court was hearing a curative petition filed by the National Commission for Women (NCW) against the verdict in connection with the case of an Indian woman, Monica Sharma, who accused her husband Vikas and his parents Bhaskarlal and Vimla based in South Africa of violence. Monica was Vikas' second wife. He had divorced his first wife with whom he has two children.
Monica filed the case in Patiala court in which issued summons against her husband and in-laws.
Vikas and his parents then moved the Delhi High Court against the trial court's order. The High Court dismissed their appeal. But in 2009, the top court gave relief to the husband and his parents and said kicking her daughter-in-law by the mother-in-law will not amount to cruelty.
In the 2009 judgement, the court had said, "The object of this provision is prevention of the dowry menace. But many instances have come to light where the complaints are not bonafide and have been filed with an oblique motive. Acquittal of the accused does not in all cases wipe out the ignominy suffered during and prior to trial."
Today, a three-judge bench headed by the Chief Justice of India Altamas Kabir recalled the controversial judgement. The Centre, represented by the Solicitor General, supported the NCW in the court.
Now, the Supreme Court will hear husband's appeal against the High Court order.