File criminal cases against husband and his family and then take lakhs of rupees in the name of alimony/settlement. This has become the new mantra for many married women across the country.
The Punjab and Haryana High Court in its recent order has imposed a cost of Rs 50,000 on an estranged wife, who failed to turn up before the Magistrate to record her statement, after taking a huge sum from her husband, reported Livelaw.
Case:
A married woman had filed an FIR against her husband under Sections 498-A, 323 and 406 of IPC accusing him of dowry harassment and taking away her stridhan.
Later, the couple entered into a compromise deed, where the husband was supposed to pay Rs 22 lakh to the estranged wife. This payment was duly made by the husband and subsequently, the Family Court passed a decree of divorce under Section 13-B of the Hindu Marriage Act, 1955.
However, after the settlement between parties, the wife did not turn up to get the FIR quashed against the husband, stating that the compromised was forced. Accordingly, the man then approached High Court.
Punjab & Haryana High Court
Justice Sumeet Goel of the Punjab & Haryana High Court has analysed this case in detail right from whether the compromise was mutual or forced, to whether a criminal case can be quashed against a husband, after exchange of money between parties.
At the outset, Justice Goel summarised the principles of law as below:
- In an FIR, arising from matrimonial related dispute, where the complainant/wife has reaped the benefits of a compromise/settlement & nothing more is required to be done by the accused-side/husband, then such FIR (as also proceedings emanating therefrom) deserves to be quashed
- In the said case, the complainant/wife may, but of-course, raise plea(s) that such compromise/settlement was a result of fraud/coercion/duress etc. However, such plea(s) ought to be substantiated by tangible material and merely bald assertion in that regard would not suffice
- Furthermore, before allowing the wife to raise such a plea(s), the Court may also consider directing the complainant/wife to return the financial benefit(s) received in pursuance of such compromise/settlement
Speaking about Section 498-A IPC and its misuse to arm twist the husbands, the High Court said:
Though Section 498-A was brought into the IPC by way of an amending act of 1983, with the salutary objective of curbing the evil of dowry, but judicial experience evinces that this provision along with Section 406 of IPC is being heavily misapplied by the complainant-wife to settle score(s) with her husband and his family members.
“Section 498A Is A Weapon Rather Than Shield For Disgruntled Wives” – Punjab Haryana High Court
Justice Goel added,
It has been observed, inveterately, that a wife after having entered into a willful and valid compromise/settlement with the accused-husband and/or his family members, tends to reap all the benefits thereof and, thereafter, does not step forward for undertaking the necessary steps towards having the FIR in question quashed.
The High Court also observed that in the present proceeding, the husband has already paid a sum of Rs 22 lakh towards maintenance/permanent alimony for respondent-wife along with their minor daughter, and a mutual consent divorce decree has been passed by the concerned Family Court thereafter. To this, Justice Goel said:
Wife has reaped all benefits from the compromise/settlement deed in question and has also withdrawn a maintenance petition filed by her & nothing further remains to be done on part of the petitioner-husband.
Justice Goel thus set aside the FIR lodged against the husband for cruelty and allegations of dowry harassment since ‘continuation of proceedings in the said FIR would be nothing but sheer abuse of process of Law and Courts’.
Although Justice Goel added that no comprehensive/exhaustive guidelines can possibly be laid down in this regard as every case has its own unique facts. Needless to state that the High Court may exercise its intrinsic powers under Section 482 of Cr.P.C. applicable from case to case.
Costs To Wife
The Punjab & Haryana High Court referred to the report of the Judicial Magistrate that the husband had turned up to record his statement, but the wife did not.
To this, the Court opined that nothing except harassment would be caused to the petitioner-husband in case the proceedings are permitted to continue.
Quashing the said FIR, the Punjab & Haryana High Court levied costs of Rs 50,000 on the divorced wife.
Voice For Men India Take:
- Section 498-A IPC is a non compoundable offence, which means once a case has been lodged, the same cannot be withdrawn after settlement, without the permission of the court
- Settlement between parties is a debatable issue, as in many cases, after the filing of FIR against husbands, both parties agree to end legal trauma by mutually agreeing to a sum Alimony
- However, one may strongly argue, that such settlements are also a form of legal extortion, where the innocent husbands are made to cough up a huge sum, only to buy his and his family’s freedom from false criminal cases
- On the other hand, there are many women rights activists who justify false cases by wives, stating that to be the only option, if they want their rightful financial share to move on
- In our opinion, if a couple has decided to separate, the best solution is to understand the circumstances, look at age in marriage, kids if involved, future prospects and part ways mutually
- The minute you have an intervention from lawyer from either side, the matter will drag on for years, and in the end, both estranged spouses would have wasted a lifetime living in bitterness
- The High Court here has rightly pointed out, that every case is different, and how the monetary settlement has taken place, is very critical
- There will be times, where the husband is genuinely a serial abuser, but chooses to buy his freedom by paying a lumpsum. Surely this too, must be discouraged
- If a man is guilty, he must face the law, and similarly, if a woman has misused the law that was made to protect her, there should be serious implications on her as well, instead of just levying a petty monetary fine
DO WATCH:
My Wife Is Addicted To Trading; I Am In Financial Debt | Economic Abuse Of Husband | Voice For Men
LEAVE YOUR COMMENTS BELOW:
Join our Facebook Group or follow us on social media by clicking on the icons below
If you find value in our work, you may choose to donate to Voice For Men Foundation via Milaap OR via UPI: voiceformenindia@hdfcbank (80G tax exemption applicable)
Follow Us
