Can a woman file a case of metal cruelty against her former husband and his relatives after they have already separated through divorce? No, she can’t do that, according to a recent judgement of the Supreme Court.
The Supreme Court recently used its powers under Article 142 of the Constitution to dismiss a criminal case under section 498A of IPC. Before getting into details of the case and the judgement, let’s look at what is this section about and what are the powers of the Supreme Court under Article 142 of The Constitution.
Section 498A of IPC deals with mental torture against a woman by her husband and his relatives.
Under Article 142, the Supreme Court has the power to pass orders and decrees necessary to provide ‘complete justice’, according to Live Law.
What’s the case?
The case was filed by a woman against her ex-husband, six months after both separated through divorce.
The woman and her husband got divorce in April 2013. But six months after getting the divorce, the woman filed a complaint under Section 498A against her former husband and his parents alleging they they were torturing her mentally, according to a report by Times of India (ToI).
In February 2014, Delhi Police filed an FIR against the man, and in September 2015 they filed a formal chargesheet. The man then approached the Delhi High Court to get the criminal case against him dismissed. But the high court rejected his plea.
Later, the man moved Supreme Court. His lawyer argued in front of the top court’s judges that continuing the criminal case was unfair because the couple’s marriage had already been legally ended by a family court.
The lawyer also pointed out that in 2008 also, the woman had initiated a case under the Protection of Women from Domestic Violence Act but it was dismissed by the trial court. The woman never appealed against the trial court’s decision.
Also Read: How much does it cost to hire a good Divorce Lawyer in India?
What Supreme Court said
The Supreme Court judges, Justice Nagarathna and Justice Masih, not only agreed with the man’s lawyer but also felt that keeping the criminal case going would only cause more problems for the separated couple.
According to the ToI report, the apex court judges looked at past decisions and decided that in this case, it was necessary to stop the criminal proceedings to prevent the man from facing unnecessary trouble after divorce.
As a result, the Supreme Court accepted the man’s appeal, overturned the High Court’s decision, and stopped the criminal case against him under Section 498A of the Indian Penal Code (IPC).
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