The Hindu : Discourage matrimonial disputes, HCs told

Online edition of India's National Newspaper
Sunday, Mar 30, 2003

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National

Discourage matrimonial disputes, HCs told

By J. Venkatesan

NEW DELHI March 29. The Supreme Court has said that High Courts must exercise their inherent power to quash criminal prosecution against the husband and in-laws in matrimonial disputes, with a view to encouraging ``genuine settlements'' .

Observing that there had been an upsurge in matrimonial disputes in recent times, a Bench, comprising Justice Y.K. Sabharwal and Justice H.K. Sema, pointed out that ``marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully''.

``But little skirmishes suddenly erupt, which often assume serious proportions, resulting in commission of heinous crimes in which elders of the family are also involved.

As a result, those who could have counselled and brought about a rapprochement are rendered helpless on their being arrayed as accused in criminal cases.''

Stressing the need to discourage matrimonial litigation, the bench said only then would the parties ponder over their faults and terminate their disputes amicably by mutual agreement, instead of fighting it out in a court of law, where it would take years to conclude. In that process, the parties often wasted their youth, chasing their cases in different courts.

The Bench said there was no doubt that provisions (relating to cruelty towards wife) in the Indian Penal Code were intended to prevent torture of a woman by her husband or his relatives. Section 498 A was added with a view to punishing a husband and his relatives who harassed or tortured a woman to coerce her or her relatives into satisfying unlawful demands for dowry.

The bench noted that ``a hyper technical view would be counter-productive and act against the interests of women and against the object for which this provision was added'' if the prosecution was allowed to continue when the parties could settle their disputes by mutual consent.

In this case, on a complaint given by a woman, an FIR was registered against her husband, in-laws and relatives at the Faridabad police station. Subsequently, she filed an affidavit in the court of the Additional District Judge, Delhi, that they had agreed on divorce.

Thereafter, the husband and others moved the Delhi High Court for quashing the FIR and the petition was dismissed. The appeal in the apex court was directed against this judgment.

``What would happen to the trial of the case where the wife does not support the imputations made in the FIR?'', the Bench wondered and said in such an eventuality, there would be almost no chance of a conviction.

The High Courts, exercising their inherent powers under Sec. 482 Cr.P.C., should quash such proceedings, the bench said and allowed the appeal.

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