New Delhi: The Bombay High Court has expressed concern over the rising trend of Hindu marriages breaking down over petty disagreements, calling it a threat to the sanctity of the institution. The Nagpur bench, comprising Justices Nitin Sambre and M M Nerlikar, made the observation on July 8 while quashing a dowry harassment case against a man and his family.
The case, filed by the man’s estranged wife in December 2023, was dismissed after the couple informed the court that they had resolved their differences and were granted a divorce by mutual consent. The woman also stated she had no objection to the FIR being quashed and wished to move on with her life.
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The bench acknowledged that while offences under the Indian Penal Code and the Dowry Prohibition Act—such as dowry harassment and unnatural sex are non-compoundable, courts retain the discretion to quash such cases in the interest of justice.
Referring to the growing tendency to name multiple relatives in matrimonial disputes, the court stressed the need for a “fresh perspective” in handling such matters. It said that if both parties are inclined towards a peaceful resolution, courts must facilitate such settlements.
“Marital discord has nowadays become a menace in 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 observed.
The judges underlined that marriage is not merely a social contract but a spiritual bond. They cautioned that although legal safeguards exist to strengthen the institution, these are often misused resulting in emotional trauma, prolonged litigation, financial burden, and collateral damage to children and extended families.
Advocates for all the accused: Sameer P. Sonwane, Amit Thakur, Abhishek Ramteke, Aaquid Mirza and Shiba Thakur.
