By IANS,
New Delhi : The Supreme Court Thursday recalled its 2009 order which said that a woman beating and kicking her daughter-in-law and threatening the latter that she would instigate her son to divorce her did not amount to cruelty.
An apex court bench of Chief Justice Altamas Kabir, Justice P. Sathasivam and Justice G.S. Singhvi recalled the July 27, 2009 judgment and order on a petition by the National Commission for Women (NCW).
“We recall the judgment dated July 27, 2009 and the order as also the review petition dated Sep 1, 2009…,” the court said.
The court said that facts and the question of law raised in the curative petition by the NCW was the same as filed by another petitioner by Monica, who was also issued notice.
“The question of the locus standi of the NCW in the pending appeal may be taken up by the appropriate bench,” the court said.
The 2009 judgment was linked to Monica’s plea which alleged cruelty and breach of trust against her then South Africa-based husband Vikas Sharma and in-laws.
Monica alleged she was kicked by her mother-in-law Vimla Sharma, who also threatened that her son would divorce her.
Senior counsel Indu Malhotra, appearing for the commission, told the court that the judgment required reconsideration as observations in it would have serious repercussions on pending cases.
Solicitor General Mohan Parasaran said that he too felt that the contentious observations in the impugned judgment needed to be reconsidered.
The apex court bench of Justice S.B. Sinha and Justice Cyriac Joseph (since both retired), in their 2009 judgment, said: “Allegations that appellant No 2 (mother-in-law) kicked the respondent (daughter-in-law) with her leg and told her that her mother is a liar may make out some other offences but not the one punishable under Section 498A.”
Section 498A of the Indian Penal Code provides for punishment to the husband or his relatives for subjecting his wife to cruelty.
The apex court described as an offence of “breach of trust” if a mother-in-law took away the gifts given to her son and daughter-in-law at the time of their wedding.