The Supreme Court has said that even the relatives of the husband cannot be made unnecessarily in the quarrel between husband and wife. If no relatives interfere in domestic violence, then it cannot be the basis of making him an accused of criminal trial.
Giving relief to the husband’s aunt and her daughter in a Telangana case, the Supreme Court has said that she had no fault in the whole case. A bench of Supreme Court Judge Justice BV Nagratna and Justice N. Kotishwar Singh said, ‘The tendency to include everyone’s name in the complaint in family cases is wrong. If no one tries to save him during the harassment of the complainant, then it is not right to make it a basis and add his name to the trial.
Earlier, in this case of Bhuvnagiri district, the Telangana High Court refused to remove the names of husband’s aunt and cousin from the list of accused. Both were asked to face the trial of dowry harassment (IPC 498A) and intimidation (IPC 506), but today the Supreme Court gave them relief. The court said that if a relative is sitting inactive during harassment, it cannot be said that he has played a role in harassment. He should have a clear role in the case to prosecute someone by making someone an accused. “
While ordering from the bench of 2 judges, Justice N. Kotishwar Singh also said that cases of domestic violence should be seen with sensitivity. The courts should also keep in mind that it is often not possible for the complainant to give evidence to prove his allegations. Yet it is not right to make everyone an accused without any clear role.
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