In a recent decision, the Supreme Court used its authority under Article 142 of the Constitution to revoke criminal charges brought by a lady under Section 498A of the Indian Penal Code (IPC) against her ex-husband on the grounds of harassment suffered after the divorce. Six months after receiving a divorce judgment, the woman in question filed a complaint against her ex-husband and his parents.
The woman, who married Arun Jain in November 1996, filed for divorce in April 2007 after her spouse had moved out of the marital residence. In April 2013, the divorce process came to an end with the marriage being dissolved after separation. The woman filed a complaint under Section 498A of the IPC, claiming that her former partner and his family had subjected her to mental abuse, despite their divorce.
In February 2014, the Delhi Police made an official report, and in September 2015, they submitted a charge sheet. The individual attempted to have the criminal proceedings dismissed by applying to the Delhi High Court, but his request was denied. The individual then went to the Supreme Court with Prabhjit Jauhar as his lawyer.
In his argument, Jauhar claimed that the criminal proceedings contributed to an abuse of the legal system in front of a bench made up of Justices B. V. Nagarathna and Augustine G. Masih. He underlined that a family court had terminated the marriage after giving careful thought to the couple's married life.
It was also discovered that the woman had filed initial complaints under the Protection of Women from Domestic Violence Act, 2005, which the trial court had properly dismissed. Since the woman did not file an appeal, the verdict has become final.
The bench came to the conclusion that carrying on with the criminal case would only worsen the couple's differences after reviewing earlier rulings and the specific conditions under which the Supreme Court could use its authority under Article 142. The bench therefore made the decision to stop the ongoing criminal investigation.
The decision made clear how important it is to stop unnecessary post-divorce harassment and make sure that court cases do not create hate between divorced partners. The Supreme Court intervened to defend the rights of the accused and encourage a quick and fair resolution of disputes by using Article 142.
Thus, the Supreme Court's resolution to overrule the FIR and the subsequent legal procedures under Section 498A of the IPC demonstrates its dedication to maintaining justice while simultaneously taking into account the broader impact of legal proceedings on the parties engaged in marital disputes.
(Input from various resources)
(Rehash/Susmita Bhandary/MSM)
