Dowry-Matrimonial Homes Become Most Dangerous Place To Live For Women: Kerala High Court

The Kerala High Court on Wednesday refused to grant anticipatory bail to a doctor and his family for allegedly harassing his wife and even her aged father, over dowry.

Justice V Shircy while dismissing the pre-arrest bail plea noted that the defacto complainant has produced medical records to substantiate her contentions. It thereby observed that 'matrimonial homes have become the most dangerous place to live for women' owing to increasing cases of dowry harassment. The Court asserted that if anticipatory bail was granted to such wrongdoers, it will send a wrong message to society, considering that despite the number of such cases being reported all over the country, the attitude of the society remained unaffected. 

The applicants in the matter were the husband, father-in-law, mother in law and brother-in-law of the de facto complainant. They were accused of subjecting the complainant to physical and mental torture demanding more money from her.

She was gifted with gold ornaments, a car, money, as well as landed property by her parents upon her marriage. However, the applicants, including her mother-in-law allegedly assaulted her during her stay at her matrimonial home. Claiming that the torture became unbearable, she contacted her parents. 

When her father and brother came over to take her back, it is alleged that they were brutally manhandled by the applicants, causing them severe injuries including fractures. The defacto complainant intervened to rescue them but was also attacked, thereby sustaining injuries and a fracture, she claimed. Advocates Thomas J Anakkallunkal and Maria Paul appeared on behalf of the complainant.

Advocate K Saneesh Kumar argued that the applicant-husband is a doctor who joined Government service this May and that he has not committed the offences as alleged by the prosecution. It was also submitted that his parents and his brother were totally innocent of the allegations levelled against them and that they have been falsely implicated since the complainant wanted to set up a separate residence for herself and her husband.  

The public prosecutor, as well as the de facto complainant, vehemently opposed the application. The Public Prosecutor contended that the defacto complainant and her family had sustained serious injuries due to the applicants and that her father was still undergoing treatment. Additionally, it was submitted that the investigation was only at the preliminary stage and that if bail was granted to the applicants, it would adversely affect the investigation.

The Court upon perusal of the wound certificates produced and the arguments from both sides, observed as follows:

"Harassment, abuse, and torture, both mental and physical towards married ladies are increasing day by day in our country to pressurize them to bring more wealth to the family of the bridegroom to improve their financial situation. Though so many cases are being registered against husbands and in-laws there is no change in the attitude of society towards married women and family members. The attack towards them is of course, for various reasons, making their matrimonial homes the most dangerous place to live and the number of cases being reported in our country is alarming, though stringent laws are there. This has to be stopped forever."

Accordingly, the anticipatory bail applications were denied to the applicants and the matter was dismissed. 

Case Title: Dr. Sijo Rajan RV  & Ors. v. State of Kerala & Ors

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