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Time of India
01-08-2025
- Time of India
Friend not hubby's relative under Sec 498A: Bombay HC
Nagpur: The Nagpur bench of Bombay high court recently held that a friend of husband cannot be treated as his "relative" under Section 498A of the Indian Penal Code, which criminalises cruelty to a wife by her husband or his relatives. The court quashed criminal proceedings against a Nagpur resident, who was accused of abetting dowry harassment against his friend's wife. A division bench comprising Justices Anil Pansare and Mahendra Nerlikar said the definition of "relative" must be interpreted strictly. "A friend cannot be said to be a relative as he is neither a blood relative nor did he have any relation through marriage or adoption," the bench ruled in its July 29 order. The friend approached the court under Section 482 CrPC seeking quashing of FIR registered at Chimur police station in Chandrapur district and the pending criminal case before the Judicial Magistrate First Class, Chimur. The FIR, lodged on June 13, 2022, alleged that the petitioner would frequently visit the couple's home and instigate the husband to demand a plot of land and a car from his wife's family. If the demands were not fulfilled, he allegedly encouraged the husband to send his wife back to her parental home. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like TV providers are furious: this gadget gives you access to all channels Techno Mag Learn More Undo While the counsel for the friend, SA Mohta, argued that he was not related to the husband and hence Section 498A was not applicable to him, the prosecution contended that a broader interpretation of the term "relative" should be adopted to cover such abetment by outsiders. HC relied on the Supreme Court's recent decision in Dechamma IM versus State of Karnataka (2024), where it was held that even a girlfriend or a woman in a romantic relationship with a man cannot be considered a "relative" for the purposes of prosecution under Section 498A. "The word 'relative' brings within its purview a status. Such a status must be conferred either by blood, marriage or adoption," the SC had observed. The Nagpur bench then concluded that the same principle would apply to a friend of the husband. "Therefore, considering the above facts and upon plain reading of Section 498A of the IPC, we conclude that a friend of the husband will not fall under the definition of 'relative'," the bench held. The court clarified that the petitioner's application did not seek relief for the husband, his mother, and his father, and hence proceedings against them would continue.
Time of India
15-07-2025
- Politics
- Time of India
Marriages sacrosanct in Hinduism, but strained by trivial disputes, says HC quashing dowry case
1 2 3 4 5 6 Nagpur: The Nagpur bench of Bombay High Court observed that Hindu marriages, regarded as spiritual unions, are increasingly under threat from trivial disputes and prolonged litigation. While quashing a dowry harassment case filed in December 2023 against a Nagpur man and his family, the court noted such discord often causes irreversible damage to families and must be resolved with dignity, where reconciliation is not possible. The division bench of Justices Nitin Sambre and Mahendra Nerlikar passed the order on July 8 in response to a petition seeking to quash an FIR registered at Beltarodi police station under Sections 498-A (cruelty) and 377 (unnatural offences) of IPC, along with Sections 3 and 4 of Dowry Prohibition Act — all non-compoundable offences. The court invoked its inherent powers under Section 482 of CrPC to quash the FIR, as the couple informed they had obtained a mutual divorce and settled their differences. "Marital discord has nowadays become a menace in society due to various factors," the bench observed. "Small issues between two individuals are spoiling lives, and marriages, which are sacrosanct in Hinduism." Noting that marriage is more than a social contract, the judges said, "It is a spiritual union that binds two souls together. However, nowadays, these sacred marriages receive setbacks in such circumstances. The distress, disharmony, and lack of adjustment among individuals lead to conflict." The court pointed to misuse of matrimonial laws, saying that legislation like the Domestic Violence Act, Hindu Marriage Act, and Special Marriage Act, though well-intentioned, is being misapplied. "This results in multiplicity of litigation, mental and physical harassment, endless conflict, financial loss, and irreversible harm to children and other family members," the bench noted. It criticised the tendency of naming multiple family members of the husband in such cases, calling it a growing trend that demands a different judicial perspective. "If parties can settle their disputes amicably and live peacefully, it is the duty of courts to encourage such action," the judges said. Referring to Supreme Court's State of Maharashtra versus Chandrabhan case, the bench reiterated the right to life under Article 21 of Constitution is not limited to mere survival. "In matrimonial disputes, if reunion is not possible, it should be put to an end as early as possible. Otherwise, lives of individuals involved will be ruined, which would be violative of Article 21," the order stated. Emphasising the importance of peaceful closure, the court held that continuing criminal proceedings in such settled cases serves no public interest. "The court should support a respectful settlement to terminate litigation between the parties while protecting their life and liberty," it concluded.
Time of India
10-07-2025
- Politics
- Time of India
PIL alleges elderly parents face abuse despite legal safeguards
Nagpur: The Nagpur bench of Bombay high court on Wednesday issued notices to the respondents, including social justice ministries of Central and Maharashtra govt, along with the collector and commissioner of police on a PIL that alleged abject neglect, abuse, and systemic failure in protecting the rights of the elderly. A division bench comprising Justices Nitin Sambre and Mahendra Nerlikar asked the respondents to file a reply within two weeks. The public interest litigation (PIL), filed by city NGO 'Samvedna', sought urgent enforcement of maintenance and welfare of parents and senior citizens Act, 2007. "Despite clear legal mandates and repeated court directives, the condition of many senior citizens remains pitiable," the PIL states. The PIL filed through counsel Pradeep Wathore underscores the state's inaction in setting up old age homes, awareness programmes, and the appointment of nodal officers as required under sections 19–22 of the Act. "We are not asking for new laws. We are asking that the state uphold what already exists," the petitioner said. The petition highlights unchecked violations of the Act in Nagpur, including non-payment of maintenance by children, illegal occupation of parental property, and lack of district-level old age homes as mandated under Section 19 of the statute. Referring to specific instances of abuse, the plea contends that many elderly parents suffer mental distress after being abandoned by their children, who also usurp their homes, or don't pay allowance ordered by tribunals. The 2007 Act was designed to offer both legal and infrastructural support to senior citizens. Section 5 allows them to seek maintenance through specially constituted tribunals, while other provisions aim to ensure shelter, healthcare, and dignity. However, the petition says implementation has remained dismal, leading to recurring litigation and distress. Citing Supreme Court rulings, the PIL stresses that senior citizens' right to live with dignity is embedded within Article 21 of Constitution and had declared care for the elderly a fundamental, not just statutory, obligation. The petitioner has sought HC to direct state govt to compile and publish data on old age homes, pension schemes, medical facilities, and grievance redress mechanisms, and to submit a time-bound compliance plan.
