Husband liable for woman’s injuries in matrimonial home, says Supreme Court

Bhubaneswar: In a recent case, where the petitioner had sought anticipatory bail, the Supreme Court said that whether it is the husband or his relatives, when injuries are inflicted on a woman in a matrimonial home, the primary liability is on the husband. The Apex Court rejected the petition. This is as per a report by Times of India.

In the said case, a woman, in last June lodged a complaint with Ludhiana Police against her husband and in-laws where she alleged of brutal assault on her by the husband, her father in law and mother in law, accusing her of not meeting their growing dowry demands. In this case the husband had filed for anticipatory bail through his counsel.

Earlier, the Punjab and Haryana High Court had refused anticipatory bail to the said petitioner and had extracted the woman’s complaint, which read, “On June 12, 2020 at about 9 pm, the petitioner (husband) and his father, armed with a cricket bat, gave the complainant merciless beatings in which the petitioner’s mother also participated. The petitioner attempted to strangulate the complainant and his father put a pillow on her face with an intention to kill her, after giving her merciless beatings…..”

In this case, as the husband’s counsel said the Apex Court that it was the husband’s father who had used the bat to assault her, the CJI-led bench said, “It does not matter whether it was you (husband) or your father who allegedly used the bat to assault her. When injuries are inflicted on a woman in a matrimonial home the primary liability is on the husband.”

Source: Times of India

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