Don’t ask daughter to ‘adjust’ in abusive marriage, offer safe home: Delhi High Court

When a daughter voices concerns about abuse in her marriage, the Delhi High Court has declared that her safety and well-being must take precedence over the desire to preserve the marriage. The court emphasized that offering a safe home should never be discouraged due to fear of social disapproval, and advised against dismissing a daughter's worries with a mere suggestion to adjust.

Justice Madhu Jain ruled that the preservation of a marriage cannot outweigh the daughter's right to safety and dignity, and that support from the parental family should not be contingent on the occurrence of a tragic incident. The court also expressed concern over the tendency to cast blame on the in-laws through broad accusations, stressing that family members should not face criminal charges merely due to their relationship with the husband.

The case involved three petitions filed by the deceased's mother, the state, and the husband, with the husband challenging the direction to frame charges of cruelty and abetment of suicide, while his mother and the state contested the discharge of the accused from other charges. The court examined a troubled marriage, noting instances of physical abuse and financial demands, as well as mutual conflict and efforts at reconciliation.

Based on the evidence, the court found sufficient suspicion but not enough to support criminal charges, and thus upheld the husband's discharge and dismissed the other charges.