Says Children Are Often Used to Settle Personal Scores in Matrimonial Conflicts; Criticises Bombay HC for Not Examining Case Material
New Delhi, July 25: The Supreme Court has expressed serious concern over the growing trend of implicating in-laws in criminal cases arising from matrimonial disputes, observing that children are often used as instruments to settle personal vendettas between estranged spouses.
In a significant judgment, a Bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran quashed a Protection of Children from Sexual Offences (POCSO) Act case registered against the paternal aunt of a minor boy, whose parents are involved in a bitter matrimonial dispute.
The apex court also criticised the Bombay High Court for refusing to quash the FIR without examining the material available on record.
The Bench observed that it has become increasingly common for relatives of a spouse, particularly in-laws, to be implicated in criminal proceedings during marital disputes.
“It is commonplace, nay customary, that in-laws are dragged in to settle scores in cases arising out of marital discord and often children are used to vilify each other. But we are shocked by the allegations raised herein by the divorced mother that her son is constantly molested sexually by his paternal aunt,” the court remarked in its order dated July 23.
The Supreme Court held that courts must carefully scrutinise allegations in such sensitive cases instead of proceeding mechanically, especially where criminal charges stem from ongoing family disputes.
Allowing the appeal, the apex court set aside the proceedings against the aunt and quashed the POCSO case, observing that the High Court ought to have examined the available material before declining relief.
The judgment is expected to have significant implications for cases involving allegations arising out of matrimonial discord, while reinforcing the need for judicial scrutiny before permitting criminal prosecution of family members.(KNC)
