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‘Overwhelming Number Of False Cases Overshadowing Genuine Ones’
NEW DELHI: Supreme Court connected Friday flagged a "worrying trend" of women misusing laws connected dowry harassment, home unit and Pocso by filing frivolous and vexatious ailment against hubby and in-laws.
The tribunal said genuine cases were getting overshadowed and obscured by the "overwhelming" fig of mendacious cases filed by spouses arsenic an "arm-twisting" method to scope a much lucrative settlement.A seat of Justices B V Nagarathna and Ujjal Bhuyan said nowadays a "matrimonial bouquet" was presented against estranged spouses erstwhile a narration turned sour." This acceptable of cases often includes bogus and bare allegations and mendacious claims of harassment, cruelty and marital hardships that, much often than not, incorporate small to nary substance astatine each and are usually not backed by immoderate worldly oregon different documentary evidence," the seat said."We besides painfully instrumentality judicial cognisance of the information that the courts of instrumentality are being misused and overburdened by specified vague and vexatious litigations betwixt spouses," SC added.The seat said determination were galore cases wherever women were genuinely looking for respite from the actions of their spouses, and the onus was connected courts to abstracted the wheat from the chaff. It said attraction should beryllium taken to guarantee that the rights and freedoms of guiltless parties were not trampled oregon arbitrarily taken distant by unscrupulous and baseless litigation.
"A caller inclination successful this respect is erstwhile the woman resorts to filing mendacious complaints nether the Pocso Act alleging that the husband... has committed wanton acts which are intersexual successful quality against the insignificant daughter. At the centre of this benignant of litigation is simply a kid who is often utilized by her parent against her father, against her volition and wishes, truthful arsenic to marque mendacious and vexatious complaints against her father... successful bid to nonstop revenge oregon arsenic an arm-twisting maneuver to get a higher monetary colony oregon to simply harass," the seat said.The tribunal passed the bid portion quashing transgression proceedings nether Pocso lodged by a miss against her father, uncle and different household members. The tribunal said determination was nary grounds to beryllium the allegations, and the miss had been tutored by her mother."Courts person to workout utmost restraint portion entertaining specified suits and transgression proceedings arsenic immoderate misstep and overreach tin person a cascading effect connected the health, some intelligence and physical, of the parties progressive and the sanctity of the instauration of matrimony itself," SC said.
