Delhi High Court criticises the practice of parents of using children as ‘instruments’ in matrimonial disputes

Justice delayed is Justice denied is very apt for present Indian Judiciary system. It is due to the litigation pendency, slow process, increasing in number of appeals and absenteeism of Judges, etc. There are also some cases where parties files fake cases or cases where parties have a settlement outside the Court. It makes a contribution to the increasing number of pending cases. 

Recently while quashing two FIRs against a lawyer the Delhi High Court , that such cases place a heavy burden on the criminal justice system. (X v. Government of NCT Delhi and Ors.) 

The facts of the case are, the lawyer was accused by his wife of harassment, cruelty and dowry demand. While the second FIR  accused him of touching the private parts of their daughter. The wife told that the FIR under Section 354 of IPC (assault of criminal force to women with intent to outrage her modesty) and Section 10 of POCSO Act were registered on misunderstanding. 

The court strongly criticised the practice of parents who use their children as ‘instruments’ to harass the other party in matrimonial disputes. Using children for matrimonial battles is very wrong. The Court further said that since the matter is settled by the parties and got talaq, the two FIRs lodged by the wife are quashed.

It further opined that such cases put a huge burden on the criminal justice system and delay in decision  making process. 

Justice Dinesh Kumar Sharma observed that the Court has to adopt such a method that can stop the abuse of the process. 

The Court requested the Delhi Legal Service Committee to assign 10 pro bono cases to the lawyer and asked to file a report of the same within a month. (Pro bono means for public good and free) 

Written by – Tannu, College – Maharshi Dayanand University, Rohtak, Semester- 3,an intern under Legal Vidhiya

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