JUDGMENT :

RANJITSINHA RAJA BHONSALE, J.

1) In the recent past, one notices a phenomenal increase in various kinds of proceedings which are incidental offshoots and/or originating from matrimonial proceedings. This trend is extremely disturbing. Parties, may be due to adversity faced, financial or otherwise or the unwelcome, undesired situations and circumstances in which they find themselves in, file and initiate proceedings under all available laws and before various forums, against each other and against their relatives, instead of filing a petition for divorce by mutual consent and amicably parting ways with dignity and mutual respect towards each other. In many such litigations, the latest visible addition to the so called armor of the parties, are children, who are used as a protective shield in a defense mechanism or at times as an unfortunate strategy for attack or to counter balance what they perceive as equity. When one considers these proceedings, and more particularly the allegations made therein, one is awakened to the sad reality that, the ancient and sacred institution of marriage, has weakened, deteriorated and degenerated over a period of time, due to a variety of reasons ranging from career prospects and advancements therein, financial aspects or aspirations or insecurities and/or other personal reasons. Many a times, the issue is of just simple incompatibility which aspect is either not acceptable as a reason due to societal reactions or in some cases genuinely not realized. Unrelated, inconsequential and trivial issues take center stage, overshadow family needs and priorities and with passage of time and subsequent events snowball into humongous problems and issues which are not desired, contemplated or even anticipated and more importantly, on most of the occasions, self created. Once this situation is reached, the actions get exaggerated and reactions aggravated, often assuming serious proportions resulting in filing complaints comprising of serious charges, which on many a occasions are known to the parties to be false and/or exaggerated. Frivolous and vexatious cases are filed against the spouse and to further harass and pressurize the spouse immediate, near and dear ones and relatives are also roped in. Allegations fly thick and fast, and most of the times imaginary, false, unsupported and uncorroborated. At the end of the day, in most matrimonial and related/connected litigations, there is a collateral damage in the form of loss of health, peace, happiness and irreversibly damaged relations with near and dear ones. The most productive years of ones life are lost and adverse financial effects add to the misery and well being of the family as a whole, which by that time has disintegrated and degenerated. At the end, the only loser is the institution of marriage, family values, bonds and ultimately the social fabric of the society. The brunt of the long lasting adverse impact is borne and felt by the next generation. This is, unfortunately the scenario in matrimonial and related disputes. The parties get so involved and consumed by the litigation that, they loose sight of the fact that there is so much to smile and be happy about in a beautiful life which does not last forever.

2) By this Judgment, I propose to dispose three proceedings i.e. Criminal Application No. 427 of 2023, Criminal Writ Petition No. 2768 of 2021 and Criminal Writ Petition No. 3779 of 2022 as the said proceedings are filed by and are between the same parties who happen to be husband, wife and daughter/step daughter.

2.1) The Applicant in Criminal Application No. 427 of 2023 and Respondent No. 2 in Writ Petition No. 2768 of 2021 and Writ Petition No. 3779 of 2022 is one and the same person (name masked and hereinafter referred to as “Y”).

2.2) In Criminal Application No. 427 of 2023, the First Information Report (FIR) has been lodged by Respondent No. 2 (name masked and hereinafter referred to as “X”). “X” is the step-daughter of ‘Y’.

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