SC to study if kicking son’s wife is IPC cruelty
Setting aside its own verdict, the Supreme Court on Thursday decided to hear afresh the issue of whether kicking a daughter-in-law amounts to an offence of cruelty punishable under Section 498A of IPC.
Allowing a curative petition by the National Commission for Women (NCW), a bench headed by Chief Justice Altamas Kabir also “restored” the matter for de novo (fresh) hearing.
The Supreme Court in its order of July 27, 2009 had set aside the summoning order of March 21, 2005 passed by the trial court against a woman’s husband, father-in-law and mother-in-law on the allegation of cruelty and breach of trust.
The mother-in-law was also accused of kicking the daughter-in-law.
Though the National Commission for Women was not a party to the case, it moved a curative petition saying that the apex court’s finding that kicking does not amount to cruelty, but some other offence, has far-reaching ramifications.
“We allow the curative petition filed by NCW and set aside the judgment passed by this court on July 27, 2009 and recall that judgment,” the bench, also comprising Justices P. Sathasivam and G.S. Singhvi, said.
A curative petition is the last remedy available in the apex court after the dismissal of review and main petitions. A curative petition is rarely allowed by the apex court.
While seeking the response of the parties on the curative petition, the bench said, “The question determining the locus standi of the National Commission for Women in filing the case can be taken up by the appropriate bench”.
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