In umpteen number of cases we come across the hasty decisions people make in invoking legal methods which ought to be settled within four walls of Home with some mature approach.
In a country like ours where Homes are culturally rich enough to guide our young Boys and Girls to lead a happy and contented married life without much ego and greed, it is unfortunate many educated boys and girls are resorting to break up! At the cost of losing precious time[young age] prestige[peace] penny!
I think blunder is committed in three stages either because of choosing wrong partner due to immaturity of mind during adolescent age [out of infatuation] or because of physical/mental makeup of individuals who indulge in getting married soon without proper preparation. Choosing Partners based only on money/beauty/rank without caring even the emotional quotient they share later. Whatever be the reason boys /girls and also parents , you need to be aware of the social and emotional aspects of breakup! Here I would like to discuss with you few decisions wherein by invoking Section 498A IPC people have mentally/physically and emotionally /financially suffered. I am not saying you should not take legal recourse ! Think twice and try many other means of tackling the situation amicably whether for tie up or for breakup!
Section 498A of Indian Penal Code :
Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non-bailable.
What does it mean?
This section is non-bailable(you have to appear in court and get bail from the judge), non-compoundable (complaint can’t be withdrawn) and cognizable (capable of being judicially heard and determined), although in practice most of the time arrest happens before investigation.
Mature approach to the problem whether it be makeup or break up will save you time/money/energy!
EXCERPTS FROM THE JUDGEMENT:
[Subject : Criminal | Judge : AFTAB ALAM; RANJANA PRAKASH DESAI, JJ. | Decided on : 2013-02-22 | married on 25/4/1999 | Case filed on 4/10/1999]
The appellant-husband is working as Assistant Registrar in the Andhra Pradesh High Court. The marriage between the appellant-husband and the respondent-wife was solemnized on 25/4/1999 as per Hindu rites and customs. Unfortunately, on the very next day disputes arose between the elders on both sides which resulted in their abusing each other and hurling chappals at each other. As a consequence, on 27/4/1999, the newly married couple got separated without consummation of the marriage and started living separately. On 4/10/1999, the respondent-wife lodged a criminal complaint against the appellant-husband before the Women Protection Cell alleging inter alia that the appellant-husband is harassing her for more dowry. This complaint is very crucial to this case. We shall advert to it more in detail a little later. Escalated acrimony led to complaints and counter complaints. The respondent-wife filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights before the Family Court, Secunderabad. The appellant-husband filed a counter-claim seeking dissolution of marriage on the ground of cruelty and desertion under Section 13(1)(i-a) and (b) of the Hindu Marriage Act, 1955. The matrimonial dispute started with a quarrel between the elders of both sides in which initially the appellant-husband and the respondent-wife were not involved. The ego battle of the elders took an ugly turn. Parties were dragged to the court and the inevitable happened. The relations between the two families got strained. With a fond hope that we could bring about a settlement we requested the counsel to talk to the parties and convey our wishes that they should bury the hatchet and start living together. We also tried to counsel them in the court. The respondent-wife appears to be very keen to go back to the matrimonial home and start life afresh, but the appellant-husband is adamant. He conveyed to us through his counsel that by filing repeated false complaints against him and his family the respondent-wife has caused extreme cruelty to them and therefore it will not be possible to take her back. In view of this we have no option but to proceed with the case. It is also to be noted that the appellant-husband and the respondent- wife are staying apart from 27/4/1999. Thus, they are living separately for more than ten years. This separation has created an unbridgeable distance between the two. As held in Samar Ghosh, if we refuse to sever the tie, it may lead to mental cruelty.
26. We are also satisfied that this marriage has irretrievably broken down. Irretrievable breakdown of marriage is not a ground for divorce under the Hindu Marriage Act, 1955. But, where marriage is beyond repair on account of bitterness created by the acts of the husband or the wife or of both, the courts have always taken irretrievable breakdown of marriage as a very weighty circumstance amongst others necessitating severance of marital tie. A marriage which is dead for all purposes cannot be revived by the courts verdict, if the parties are not willing. This is because marriage involves human sentiments and emotions and if they are dried-up there is hardly any chance of their springing back to life on account of artificial reunion created by the courts decree.
For detailed study kindly refer this judgement: K Srinivas Rao Vs D A Deepa
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