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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL
Sumesh Chadha – Appellant
Versus
Ut of J&K – Respondent
JUDGMENT :
1. It is stated that the petitioner is a resident of Ludhiana and happens to be the maternal uncle of the husband (residing in United Kingdom) of respondent No. 2. The marriage between Kunwar Sood and respondent No. 2 was solemnized in the month November 2019. For one reason or the other, the marriage between respondent No. 2 and her husband failed. In order to settle the dispute between respondent No. 2 and her husband, the petitioner participated in the reconciliation meeting that took place in the month of July 2023 in U.K. He claims to have tried to persuade the couple to live together but after failure of the reconciliation, the couple opted to part their ways. The husband of respondent No. 2 filed a divorce petition before HM Courts and Tribunal Services, Harlow. After the response was filed by respondent No. 2 to the divorce petition, the Court at Harlow passed a conditional order dated 15.01.2024 declaring marriage between the parties broken down irretrievably. Thereafter, the final order in respect of the divorce between the couple was passed. It is urged by the petitioner that respondent No. 2 participated in the whole proceedings before the Court at Harlow and
Relatives of a husband cannot be implicated in domestic violence cases without specific allegations, preventing over-implication and abuse of legal process.
Assault and abetment – It is common experience that reckless imputations can result in serious repercussion on one’s career progression and future pursuits.
Point of Law – Dowry Demand – Quash of FIR against husband relatives, they did not share the matrimonial home at any point of time.
The court must assess the specificity of allegations in matrimonial disputes to prevent misuse of law against family members without evidence.
General and omnibus allegations in dowry cases against relatives do not warrant prosecution; specific allegations are necessary to avoid misuse of legal provisions.
Courts should be careful in proceeding against distant relatives in crimes pertaining to matrimonial disputes and dowry deaths.
The court established that vague allegations in matrimonial disputes can lead to misuse of legal provisions, necessitating a clear prima facie case for prosecution.
Allegations of dowry harassment in matrimonial disputes must be specific, not vague; otherwise, they may constitute an abuse of process and warrant quashing of charges against the accused.
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