The Supreme Court on Thursday set aside a dowry-cruelty case filed by Tina Khanna Ahluwalia against her former husband, Nitin Ahluwalia. The bench, led by Justice Sanjay Karol, found the FIR to be a “counterblast” to foreign court orders that had already granted divorce and directed the return of the couple’s child to Australia.
Background
Nitin, an Australian citizen of Indian origin, married Tina, an Austrian national, in Panchkula in 2010. Their daughter was born in 2012. In 2013, Tina moved to Austria with the child without Nitin’s consent. Multiple Austrian courts ordered the child’s return to Australia, stressing the mother could accompany her. Meanwhile, an Australian court granted divorce in April 2016. A month later, Tina lodged a complaint in Punjab alleging dowry demands and cruelty dating back to their marriage.
Read also: Big relief for Sikh couples, SC mandates states to register Anand Karaj marriages
Court’s Observations
The judges noted striking delays and contradictions. “Why, despite living apart for nearly three years, was the complaint filed only after divorce?” the bench asked. They highlighted that India’s non-signatory status to the Hague Convention could not negate binding Austrian rulings. The Court pointed out that allegations of cruelty extended even beyond the marriage period and lacked the intent required under Section 498-A of the Indian Penal Code.
Justice Karol remarked, “To entertain the possibility that the FIR is nothing but a counterblast to the appellant’s success in foreign courts does not appear far-fetched.” The bench also questioned Tina’s claim of fearing child abduction when Austrian courts had found her unilateral removal of the child unlawful.
Decision
Holding that the case fit the classic “abuse of process” principle laid down in State of Haryana v. Bhajan Lal, the Supreme Court quashed the FIR registered in 2016 at Women Police Station, SAS Nagar, Punjab.
“If the FIR proceeds further, it would be an abuse of the process of law,” the bench concluded, allowing Nitin Ahluwalia’s appeal and bringing the eight-year criminal battle to an end.
Case Title: Supreme Court Quashes Dowry-Cruelty FIR Against Nitin Ahluwalia
Date: 18 September 2025
