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India Today
a day ago
- Politics
- India Today
Marital discord becoming trend: Court on hearing woman's plea against in-laws
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 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 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 High Court was hearing the case of a couple who got married in May 2023. The woman lodged a complaint in December 2023 in 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 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 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 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 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


India Today
11-06-2025
- India Today
Bombay High Court orders fresh enquiry into assault complaint against police
The Bombay High Court on Tuesday pulled up the entire team of the Mira-Bhayander Police Commissionerate on observing that the senior officers were trying to save their junior colleagues in a 'calculated way' and has ordered a fresh enquiry into allegations of physical assault by police officials of Mira Road police station. The bench of Justices Nitin W Sambre and Sachin S Deshmukh said, "This is in a calculated way you are trying to save your officer. This is the way your ACP and DCP are dealing with this."advertisementThe bench was hearing a plea filed by V Unbeatable Dance Group consisting of young men who claimed to have been duped of Rs 11.96 crores by their former manager. The group's plea, filed through advocate Shravan Giri, sought that the police be directed to register an FIR against manager Om Prakash Chauhan and a few others associated with the fraud. They had also alleged that a police constable had physically assaulted the young dancers for asking money from Chauhan. Following the directions of the High Court, the Mira Bhayander police registered an FIR against Chauhan. However, with the investigation not progressing, the case was transferred to the crime branch and eventually to the Economic Offence Wing, which then filed a chargesheet against Chauhan.A departmental enquiry was held at the direction of the court against the police constable and other police officers of Mira Road police station for allegedly mistreating the members of the dance group. The enquiry was conducted by an Assistant Commissioner of Police (ACP) and a report was filed before the court. The court went through the report and remarked that the grievances of the dancers had not been looked Prosecutor Hiten Venegaonkar, appearing for the Police Commissionerate, submitted that the grievances had been looked into, but they had not been put in black and white in the report. He submitted that the constable was found guilty of going to another jurisdiction and his increment of one year was stopped. However, Giri submitted that the constable had not just gone to another jurisdiction but had also physically assaulted the dancers, which was not taken into consideration during the submitted that the allegation of the dancers being treated like an accused was also looked into in the enquiry."The officer conducted the enquiry and didn't find any of the allegations to be true and so the police inspector was exonerated," he after being pulled up, Venegaonkar submitted that an officer of the rank of Additional Commissioner of Police would conduct a fresh enquiry into the bench in its order said, "We have perused the statement of the Complainant dated 16/01/2025, which contains twenty-two points ... The said points are not at all looked into and dealt with in the enquiry report by the Assistant Commissioner of Police and, as such, it has to be inferred that the report drawn by the Assistant Commissioner of Police is, without considering the material which was available on the record. That being so, we are left with no other option, but to discard the report of the Assistant Commissioner of Police."advertisementThe bench instructed that an officer not below the rank of Additional Commissioner of Police, Mira-Bhayandar, should conduct a fresh enquiry and the enquiry shall be completed within a period of six bench disposed of the petition of the dancers with directions to the police to hand over a copy of the fresh enquiry report to the petitioners. The petitioners have been given the liberty to take legal recourse if they want to challenge the enquiry report.