Practice Of Implicating Aged Parents In Matrimonial Disputes Needs To Be Deprecated: P&H HC
The Punjab and Haryana High Court has observed that the practice of implicating age-old parents of the couple during marital dispute needs to be deprecated.
The bench of Justice Jagmohan Bansal made this observation while dealing with a plea by a man who had sought quashing of complaint filed by his divorced wife against him and his parents.
The brief facts emerging from the record are that after a month of their marriage, the respondent-wife left for Canada. She could not arrange visa for petitioner-husband however, the petitioner-husband succeeded to get visa and reached Canada where the respondent-wife deserted him and started living separately.
The petitioner preferred a petition before the Supreme Court of British Columbia seeking divorce and the Court ordered to dissolve marriage and passed a decree of divorce.
The respondent preferred a complaint alleging the commission of offence by petitioners punishable under Section 498-A and 406 of IPC. The police investigated the matter and vide its enquiry report came to a conclusion that there is no substance in the complaint.
The respondents preferred a complaint under Sections 406 and 498-A of IPC before Trial Court which vide impugned summoning order summoned the petitioners i.e. husband of the complainant as well as old age parents.
Advocate Sahil Soi appeared for the petitioners whereas Advocate H.C.Arora appeared for the Respondents.
From the perusal of the impugned complaint and summoning order, the Court noted that “…it transpires that there are vague and general allegations against the petitioners.”
The Court noted that “It is very strange that many persons are lodging complaint against old age parents of the boy who are staying in India whereas boy as well as girl are staying outside the country.”
The Court further noted that the NRI Commission in a mechanical manner asked police authorities to register FIR against old age persons.
“… petitioners No.1 and 2 are old age parents of petitioner No.3, who are staying in India. It is fortunate in the present case that the police has found them innocent, however, the trial Court in a mechanical manner has summoned all the petitioners.”, the Court noted.
The Court observed that in view of the facts and circumstances, the present petition deserved to be allowed.
Accordingly, the Court quashed the complaint and the summoning Order.
Cause Title- Lakhvir Singh and others v. Dilraj Singh and another