CHENNAI: It has been observed in various judgments of the Supreme Court and High Courts that the court should be cautious in dealing with complaints given about matrimonial disputes.
Citing this, the Madras High Court ruled that the tendency to implicate husband’s relatives unnecessarily in a matrimonial dispute case would amount to an abuse of process.
Justice RN Manjula made the observation while allowing a petition filed by Saroja and M Kanjana – mother and daughter, who were suspects in a harassment case under Section 498 A. The complainant was the wife of the petitioners’ son and brother respectively.
The petitioners wanted the court to quash the FIR and the pending case before the Judicial Magistrate-I, Pollachi. They alleged that they were falsely accused in the case since the complainant and her husband had a matrimonial dispute.
However, the complainant submitted that her husband and petitioners demanded Rs 1 crore for purchasing a house in Devakottai and harassed her. She added that she had been working in Australia. When she visited India in 2017 for her sister’s marriage, her husband’s family denied her a return-ticket to Australia and demanded money for the house.
Recording the submissions, the judge held that when the complainant can obtain a visa, it’s unbelievable that she could not get flight tickets. “The complainant has not lived with the petitioners. The FIR does not disclose any offense against the petitioners by establishing prima facie case that they had continuously ill-treated her,” the judge observed. “To prevent the abuse of process… proceedings against the petitioners are quashes under Section 482 CrPC.”
Justice Manjula quashed the FIR after referring to the SC order in the case of K Subba Rao Vs State of Telangana saying that husband’s relatives should not be implicated on the basis of omnibus allegations.
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