Neglecting daughters shows lack of humanity, says SC

The Supreme Court on Friday equated a man’s neglect of his daughters with a lack of humanity, and said the failure to fulfil this duty towards them disqualifies him from seeking relief in a court that is guided by the principles of social justice.

“What is the difference between a man and an animal if he cannot take care of his daughters? How can we let such a cruel man enter this court and ask for relief? We have no mercy for such a person,” a bench comprising justices Surya Kant and N Kotiswar Singh observed.

The bench made the remark while hearing a petition filed by a man convicted in a dowry harassment case, as it emphasised that if the petitioner sought any relief from his conviction or sentence, he must first ensure the financial stability of his daughters and commit to their education and welfare. The bench adjourned the matter for two weeks, granting time for the petitioner to present a concrete proposal regarding his daughters’ care.

During the hearing, the petitioner’s lawyer argued that the Supreme Court should intervene as the case had dragged on for over a decade. However, the bench was more concerned about the petitioner’s apparent disregard for his daughters’ welfare.

“What about your daughters? Have you paid a single penny to them till date? We ask this question because you are alleged to be married to another woman now, which means you can clearly afford two marriages. What have you done for your daughters?” it asked.

The court warned that no relief would be granted unless the petitioner demonstrated a genuine commitment to supporting his daughters. “You want us to exonerate you, but we will entertain anything from you only after you assure us that your daughters are not left to fend for themselves,” the bench remarked.

The petitioner had approached the Supreme Court challenging an order by the Jharkhand high court, which had convicted him under Section 498A of the Indian Penal Code for cruelty towards his wife and sentenced him to 18 months of imprisonment. Additionally, the high court had directed the petitioner to pay a fine of ₹1,00,000 to his estranged wife within three months.

According to the high court’s September 2024 order, the petitioner tortured his wife over a dowry demand and eventually remarried while ousting his wife and two daughters from the matrimonial home. It noted that the petitioner had shown extreme cruelty, leaving his wife and children without support.

The high court had reduced the petitioner’s sentence from 30 months to 18 months in light of the 15 years that had elapsed since the incident. However, it emphasised the severity of his actions and imposed the ₹1,00,000 fine to ensure some measure of justice for the aggrieved wife.

While the man’s lawyer argued that the appeal chiefly assails the order of monetary damages to be paid to his estranged wife, the bench underscored the importance of a father’s duty to his children, tying the petitioner’s relief to his commitment to his daughters’ welfare.