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Police as Last Resort in Marital Dispute

Context: Recently, the Supreme Court of India has advised caution to families facing marital trouble, stating that resorting to the police should be the "last resort".

Observations of the Supreme Court

About:

• A Supreme Court bench made observations while ruling on a petition filed by a husband against the order of the Punjab and Haryana High Court, which refused to quash criminal proceedings against him.
• The Supreme Court advises caution in using police intervention only in "very genuine cases of cruelty and harassment".

Observations:

• The judgment cautions against the mechanical application of Section 498A (domestic cruelty) of the Indian Penal Code (IPC).
• A "complete" domestic violence case necessitates elements like criminal intimidation or causing hurt beyond trivial irritations.
• The court urges Parliament to review Sections 85 and 86 (up to 3 years) imprisonment of the Bhartiya Nyaya Sanhita, 2023 (similar to Section 498A IPC).
• Divorce is acknowledged as detrimental to a child's upbringing, especially when initiated hastily due to criminal proceedings.
• The judgment encourages High Courts to carefully consider all aspects and circumstances before deciding on pleas to quash criminal proceedings arising from marital issues.

Other Existing Ways to Resolve Matrimonial Disputes

Various mechanisms under Alternative Dispute Resolution (ADR) can help in the resolution of matrimonial disputes speedily:

• Mediation: A neutral third party facilitates communication and negotiation between spouses to arrive at a mutually agreeable solution regarding matrimonial and family disputes.
• The Supreme Court in the K.Srinivas Rao vs D.A Deepa case emphasized mediation in matrimonial disputes.
• Conciliation: Similar to mediation, but the conciliator may also propose solutions and guide the couple towards an agreement.
• Arbitration: Here, a private arbitrator chosen by both parties hears arguments and delivers a binding decision on the dispute.
• Various legal institutions provide for ADR as a more effective way to deliver justice due to emotional and social factors in the marriage concept.
• Family Courts, established by the Family Courts Act of 1984, promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs and related matters.
• Gram Nyayalayas, established under the Gram Nyayalayas Act, 2008, provide for speedy and easy access to matrimonial disputes in rural areas of India.
• The Code of Civil Procedure, 1908, and the Hindu Marriage Act, 1955, also encourage reconciliation in family disputes.

Way forward

• Parliament should consider a review of Sections 85 and 86 of Bhartiya Nyaya Sanhita to prevent further misuse or fake cases.
• The major focus should be towards reconciliation efforts before legal action to minimize police intervention in cases related to matrimonial disputes.
• There is a need to strengthen ADR mechanisms by properly training mediators and conciliators in handling sensitive marital issues.
• Regulating and reforming local and unregulated ADR mechanisms, such as Khap Panchayats, is necessary to prevent harsh judgments based on age-old customs, especially in sensitive marital issues.
• Public awareness about legal rights and ADR options for peaceful dispute resolution should be emphasized.
• Establishing accessible mental health services for couples facing marital discord is crucial to promote communication and conflict resolution skills.

Conclusion

• The Supreme Court's observation focuses on a nuanced approach to marital disputes, encouraging couples to prioritize reconciliation and tolerance over immediate police intervention or criminal proceedings.
• While acknowledging genuine cases of cruelty, the court aims to prevent the misuse of laws and safeguard the well-being of both spouses and children.