Repeated humiliation over dowry like small car, less gold may amount to cruelty, says Delhi high court

NEW DELHI: The Delhi High Court has observed that taunting a wife over bringing a "small car" and "less gold" as dowry can amount to cruelty, while partly setting aside a trial court order that had discharged a husband of charges related to cruelty and dowry death, as per a report by Bar and Bench.Justice Swarana Kanta Sharma made the observation while dealing with a revision petition filed by the deceased woman's father, challenging the trial court's decision to discharge the husband of offences under Section 498A (cruelty) and Section 304B (dowry death) of the Indian Penal Code (IPC).The case relates to the death of a woman in 2022, within a year of her marriage, after she fell off the roof of her matrimonial home in North East Delhi. Her father alleged that she had been facing harassment from her husband and in-laws over dowry prior to her death.According to the woman's family, the husband would taunt her with remarks that her father had promised a bigger car but gave money sufficient only for a smaller one, and that the gold given was less than what had been promised.The High Court held that these remarks, if taken at face value, prima facie indicated harassment in connection with dowry demands and could not be treated as casual comments at the stage of framing of charges."The allegations levelled against the respondent-husband disclose harassment connected with alleged dowry demands and, therefore, cannot be brushed aside at the stage of framing of charge," the court observed.Accordingly, the High Court directed the trial court to frame charges against the husband under Section 498A IPC for cruelty and proceed with the trial.However, the court declined to interfere with the husband's discharge under Section 304B IPC for dowry death, noting that there was no clear evidence to show that the alleged harassment occurred shortly before the woman's death, which is a necessary requirement under that provision.