Disturbing pattern in recent times where matrimonial prosecutions initiated as pressure tactic: HC

Mumbai: The Nagpur bench of the Bombay High Court on Friday raised concerns over a "disturbing pattern" in recent times, where matrimonial prosecutions are initiated by women against their spouse and family members as a "pressure tactic".

A single bench of Justice Pravin Patil, while quashing an FIR filed by the Wardha police against a man, his parents and relatives based on the complaint of his estranged wife alleging cruelty and harassment, noted that the provisions of section 498-A of the Indian Penal Code (IPC) are being misused nowadays and cases are registered over trivial issues.

The court, in its order, said most matrimonial cases nowadays are initiated with oblique or collateral motives. In such cases, the court is not expected to be a mute spectator and is duty-bound to examine the circumstances and to ascertain whether the criminal process is being deployed as an instrument of coercion or vendetta, the HC said.

The criminal justice system cannot be reduced to a forum for settling matrimonial scores on the basis of vague and embellished accusation, the bench remarked, adding it has a constitutional obligation to strike a balance between protecting genuine victims and shielding innocent persons from vexatious prosecution.

"This Court cannot remain oblivious to the disturbing pattern that has emerged in recent times, wherein matrimonial prosecutions are frequently initiated as a pressure tactic during subsistence of marital disputes and negotiations," the HC said.

In several cases, educated persons file cases not just against the spouse but against his entire family, including aged parents, married sisters and other relatives, the court noted.

The bench remarked that such indiscriminate invocation of the criminal process trivialises the very objective of section 498-A of the IPC (harassment and cruelty against married women) and erodes its moral and legal force, thereby doing disservice to genuine victims of cruelty.

It added that allowing such prosecutions to continue results in prolonged harassment, social stigma and irreparable prejudice to the persons who are ultimately found to be uninvolved.

"Most of such complaints are filed in the heat of the moment over trivial issues. Many of such complaints are not bona fide," the court said.

While quashing the FIR lodged against the husband and his family members, the court noted that the complainant woman has not been able to prove any of the charges levelled by her against her former husband and his family members.