Marriages sacrosanct to Hindus are at stake due to trivial issues between couples: Bombay High Court
In its July 8 order, the Nagpur bench comprising Justices Nitin Sambre and M M Nerlikar noted that in matrimonial disputes, if reconciliation is not possible, it is in the best interest of both parties to end the relationship promptly to prevent further harm to their lives.
The bench was hearing a petition filed by a man and his family members seeking to quash a dowry harassment case lodged by his estranged wife in December 2023.
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The couple informed the court that they had resolved their differences and obtained a divorce by mutual consent.
The woman told the court she had no objection to the case being quashed, stating she wanted to move forward with her life.
While quashing the case, the court noted that although offences under the Indian Penal Code and the Dowry Prohibition Act, including those related to dowry harassment and unnatural sex, are non-compoundable, courts have the authority to quash such proceedings in order to secure justice.
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The bench observed that with the growing trend of naming multiple family members in matrimonial disputes, it is essential to approach such cases with a fresh perspective.
If both parties are willing to resolve their issues amicably and seek peace, the court has a responsibility to encourage and support such settlements, it added.
"Marital discord has nowadays become a menace in the society due to various factors. Small issues between a couple spoil their entire life, and marriage, which is sacrosanct in Hindus, is at stake," the court said.
The court emphasized that marriage is not just a social contract but a spiritual bond that unites two souls.
It further observed that while various laws have been enacted to strengthen marital relationships, they are often misused. This misuse, the court noted, leads to mental and physical harassment, prolonged conflict, financial strain, and lasting damage to family members and children.
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