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Marital discord becoming trend: Court on hearing woman's plea against in-laws

Marital discord becoming trend: Court on hearing woman's plea against in-laws

India Todaya day ago
The Nagpur bench of the Bombay High Court, while quashing a criminal case filed by a woman against her estranged husband and his relatives on Monday, observed that there is a growing trend of misuse of laws meant to protect women in matrimonial disputes. The court mentioned key reformative laws enacted to protect marriages and solve disputes are being frequently misused.advertisement"Marital discord has nowadays become a menace in society due to various factors. The parties who are fighting due to these marital discords have several remedies in law. The small issue between the two is spoiling the entire life and the marriages which are sacrosanct in Hindus are at stake," said the bench of Justices Nitin W Sambre and MM Nerlikar.The bench further opined that laws such as the Domestic Violence Act, the Hindu Marriage Act and the Special Marriage Act are frequently misused by parties, resulting in a variety of litigation that not only burdens the court, but also causes mental as well as physical harassment, endless conflict, financial loss and irreversible harm to children and other family members.
The bench said that in such cases, the court should support a respectful settlement to terminate all litigation between the parties while protecting their life and liberty, which is a fundamental right guaranteed by Article 21 of the Constitution.The High Court was hearing the case of a couple who got married in May 2023. The woman lodged a complaint in December 2023 in Nagpur.The case was filed against her husband, his two sisters, and his maternal aunt, alleging offences under Sections 498A and 377 of the Indian Penal Code (IPC), and Sections 3 and 4 of the Dowry Prohibition Act.She accused them of dowry harassment, unnatural sex, and demands for land and property. The chargesheet had been filed, and the case was pending before a Nagpur magistrate.Following the registration of the FIR, the chargesheet was also filed and proceedings were going on before a magistrate court. The man and his family later approached the high court seeking a quashing of the FIR and proceedings.Advocate SP Sonwane, appearing for the man and his family, submitted that parties have settled their dispute before the Family Court. The woman was also present in court and affirmed that everything was settled, and she wanted to move on in life.However, while quashing the proceedings, the bench observed that "considering the recent trend of filing FIRs against as many as persons from husband's side, it has become imperative to look the matters of matrimonial disputes from a different angle, and therefore, if the parties settle their disputes amicably in order to live peacefully, it is the duty of the court to encourage such action by entertaining the prayer for quashing of the FIR, chargesheet or criminal proceedings".- EndsTune InMust Watch
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