Monday, March 18, 2013

Matrimonial disputes





Matrimonial disputes can be quashed by courts, if couples agree to patch up and live together again.the controversial Section 498A (cruelty by a husband or in-laws) can be quashed to prevent breakdown of marriages. 

A bench of Supreme Court consisting of judges Justices P. Sathasivam, J.S. Khehar and Kurian Joseph said. noted that there were considerable increase in breakdown of marriages and said “In our view, it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly when the same are on considerable increase. Even if the offences are non-compoundable (barring compromise)…. if the court is satisfied the parties have settled amicably, we hold that the purpose of securing the ends of justice would not be a bar to the exercise of power of quashing of subsequent criminal proceedings.”

The punishment under Section 498A of the IPC is imprisonment up to three years.

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