Telangana High Court Dismisses Dowry Harassment Case Against NRI Husband
The Telangana High Court has thrown out criminal proceedings against a non-resident Indian man. He faced accusations of harassing his wife during their time in the United States. Justice Juvvadi Sridevi delivered the ruling on December 5, 2025. The court called the trial a "sheer abuse of the process of law."
Father's Complaint Deemed Hearsay Evidence
The case began with a police complaint filed in September 2021. The husband's father-in-law lodged the complaint. He alleged that his daughter suffered severe harassment from her husband in the US. The father claimed the family gave a substantial dowry at the wedding in April 2016. This included Rs 1.5 crore in cash and 156 tolas of gold.
According to the complaint, the couple moved to Washington, DC, shortly after marrying. The father-in-law stated the husband treated his wife "like a slave" and demanded more money. He also accused the husband of misappropriating the entire dowry amount. The wife returned to India with their baby daughter in late 2019. The husband allegedly never visited them afterward.
However, the High Court found a critical flaw. The father-in-law had no direct knowledge of events in America. Justice Sridevi ruled his testimony amounted to "hearsay evidence." Such evidence is not admissible in Indian courts. The judge emphasized the wife herself was the proper person to file a complaint. No explanation was given for why her father filed it instead.
Lack of Central Government Sanction Proves Fatal
The court identified another major legal hurdle. The alleged offences occurred outside India, in the United States. Section 188 of the Code of Criminal Procedure is clear. It requires prior sanction from the central government to prosecute an Indian citizen for crimes committed abroad.
Justice Sridevi noted this requirement was completely ignored. No such sanction was ever obtained from the Centre. The judge stated this was not a minor procedural error. It represented a "jurisdictional defect that goes to the very root of the prosecution." Without this mandatory approval, the trial could not legally proceed.
Marriage Already Dissolved in US Court
The court also considered the status of the marriage itself. Records showed the couple's marriage was formally dissolved. A Circuit Court in Howard County, Maryland, issued the divorce decree in January 2023. Both parties were present and agreed to the dissolution. This fact further influenced the High Court's decision to quash the proceedings.
The husband had been charged under several laws:
- Section 498A of the IPC for cruelty by husband.
- Section 406 of the IPC for criminal breach of trust.
- Sections 4 and 6 of the Dowry Prohibition Act.
In her concluding remarks, Justice Sridevi found no valid grounds to continue the trial. She ordered all proceedings before the Hyderabad magistrate to be quashed. All pending applications related to the case were also closed. This ruling underscores the strict legal requirements for prosecuting crimes that happen on foreign soil. It also highlights the necessity of firsthand evidence in criminal complaints.
