‘Support daughters in distress over marriage’:Delhi HC says don’t wait for tragedy, returning to parental home no shame

The Delhi High Court has said that if a daughter complains of violence or harassment in her marriage, her parents should take her claims seriously. They should not silence her by telling her to compromise to save the marriage. A daughter returning to her parental home should not be a matter of shame for the family. The court said that a woman’s safety and dignity are more important than her marriage. Families should not wait for a major tragedy before helping her. Hearing in 8-year-old suicide case, husband acquitted Justice Madhu Jain made these observations while hearing the 2018 case involving the suicide of flight attendant Anissia Batra. Anisia (39) worked for a German airline. She allegedly died by suicide on 13 July 2018 at Panchsheel Park in south Delhi. Her parents had alleged that her husband physically abused her. Mayank took her to hospital, where doctors declared her dead. The court acquitted her husband, Mayank Singhvi, of the charges of cruelty and abetment to suicide. Court said: Do not implicate the husband’s family without solid reason The High Court also expressed concern over the tendency to level allegations of cruelty against the husband’s relatives collectively in matrimonial disputes. The court said that a person should not be made an accused in a criminal case merely because they are a relative of the husband. There must be a clear role or evidence against them. The court said that a marital dispute or strained relationship does not, by itself, constitute the offence of abetment of suicide. An active and deliberate role by the person must be established. The court also said that merely holding someone responsible in a message sent by a woman before her suicide does not prove the offence of abetment of suicide against that person. Court said: Not every demand for money is dowry The prosecution alleged that Anissia had been subjected to physical and mental abuse. Money was demanded from her, and pressure was put on her over the proceeds from the sale of a flat jointly owned by her and her mother. Anissia’s mother had also alleged that her husband and parents-in-law were constantly demanding money. The High Court said that every demand for money or financial transaction during a marriage cannot be considered dowry. For it to qualify as dowry, the demand must be linked to the marriage.