Marriage Not Merely A Social Contract But A Spiritual Union: High Court

Marriages considered sacrosanct by Hindus are at stake now because of small and trivial issues between couples, the Bombay High Court remarked while quashing a dowry harassment case against a man and his family members.

The Nagpur bench of Justices Nitin Sambre and M M Nerlikar, in an order dated July 8, held that in matrimonial disputes, if a reunion is not possible, the same should be ended immediately to ensure the lives of the parties involved are not ruined.

The bench was hearing a petition filed by a man and his family members seeking to quash a dowry harassment case registered against them by his estranged wife in December 2023.

The estranged couple informed the court that they had settled their dispute and had been granted a divorce by mutual consent.

The woman informed the court that she had no objection if the case was quashed, as she wished to move on with her life.

The court, while quashing the case, said though the provisions pertaining to dowry harassment and unnatural sex of the Indian Penal Code and Dowry Prohibition Act are non-compoundable, to secure the ends of justice, courts can quash the proceedings.

The court stated that considering the recent trend of filing cases against many persons from the husband's side, it has become imperative to look into matrimonial disputes from a different angle.

If the parties want to settle their disputes amicably and live peacefully, it is the court's duty to encourage the same, it held.

"Marital discord has nowadays become a menace in the society due to various factors. Small issues between a couple spoil their entire life, and marriage, which is sacrosanct in Hindus, is at stake," the court said.

Marriages are not merely a social contract but a spiritual union that binds two souls together, it said.

The court further noted that the legislation with an intent to improve marital relationships enacted several Acts, but people frequently misuse them, resulting in mental and physical harassment, endless conflict, financial loss and irreversible harm to family members and children. 

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