June,5,2016:
Mere delay in lodging the complaint or FIR is not fatal in all cases.
The Apex court's latest verdict has come on the appeal filed by convict challenging High Court's 2007 verdict whereby he was sent to Jail for treating his wife with cruelty and abetting her suicide in the year 1993.
A trial court had earlier in 2000 acquitted accused Shetty and his parents of the offences.
The Karnataka high court, on the other hand, modified the order partially by sending the accused husband behind bars for the offences of Section 498A (subjecting woman to cruelty) and Section 306 IPC for abetment of suicide.
The apex court, upholding the Karnataka high court verdict,observed that the High Court has reached to a well considered and duly justified finding that the deceased wife was being harassed by the accused both physically and mentally.
The apex court also observed that the high court was completely justified in criticizing the trial court for adopting a "hyper technical approach" by blaming the mother of the deceased victim for delay in lodging of complaint.
The apex court remarked,"When the deceased lady died leaving a ten months old son, the mother of the girl naturally had many other things to worry about, including cremation of the body. In such a situation the Karnataka High Court was fully justified in criticizing the trial court for adopting a hyper technical approach while blaming the deceased's mother for delay in lodging the complaint."
The SC bench observed that "mere delay in lodging the complaint or FIR is not fatal in all cases. The Courts are expected to show some sensitivity in cases of matrimonial nature where the deceased's closest relation that is her mother is a poor helpless lady."
"In such a situation even an otherwise well to do person can get mentally confused when struck by such an enormous tragedy...factum of delay in such cases has to be dealt with utmost sympathetically keeping in mind mental condition of close relations of victim. The trial court is found to have miserably failed on this count too," it said.
According to the FIR, accused Shetty was married to the victim in 1991. Unfortunately in 1993 she committed suicide due to mental and physical harassment at her matrimonial house. The deceased victim had a ten-month-old son and was pregnant with her second child.
Victim's mother lodged the complaint with the police after 3 days and a FIR was registered.
Read Full Judgment Here-
SC Judgment on Avoiding Hypertechnical Approach in Matrimonial Cases
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Read Matrimonial Laws @ LatestLaws.in-
- Anand Marriage Act,1909
- Arya Marriage Validation Act,1937
- Commission of Sati (Prevention) Act,1987
- Dissolution of Muslim Marriages Act,1939
- Dowry Prohibition Act,1961
- Family Courts Act,1984
- Foreign Marriage Act,1969
- Foreign Marriage Act,1969
- Guardians and Wards Act,1890
- Hindu Adoptions and Maintenance Act,1956
- Hindu Marriage Act,1955
- Hindu Minority and Guardianship Act,1956
- Hindu Succession Act,1956
- Indian and Colonial Divorce Jurisdiction Act, 1940
- Indian Christian Marriage Act,1872
- Indian Divorce Act,1869
- Kazis Act,1880
- Maternity Benefits Act,1961
- Matrimonial Causes (War Marriages) Act 1948
- Muslim Personal Law (Shariat) Application Act,1937
- Muslim Women (Protection of Rights on Divorce) Act,1986
- National Commission for Women Act,1990
- Protection of Women From Domestic Violence Act,2005
- Special Marriage Act,1954
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