This judgment underscores the need for legal reforms to prevent the misuse of FIRs in matrimonial disputes, ensuring that the justice system is not exploited for vindictive purposes
The Punjab and Haryana High Court has denounced the growing trend of filing frivolous First Information Reports (FIRs) in matrimonial disputes involving non-resident Indians (NRIs), hindustantimes.com reported.
This practice, often used to harass the opposing party, was labeled unethical by the court, which noted that it burdens an already overworked justice system.
Justice Harpreet Singh Brar, leading the bench, described such cases as blatant abuse of the legal process. Highlighting a specific instance, the court quashed an FIR lodged in February 2019 at the Morinda police station in Punjab’s Ropar district. The case involved a woman married to an Australian NRI in 2011. The couple’s differences led to a divorce in 2017, finalized in 2019 through mutual settlement. Despite this, the woman’s father filed a complaint in 2017, escalating into an FIR two years later, alleging dowry demands of ₹10 lakh and a car by the husband’s family.
The court observed several critical issues:
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The woman reported no domestic violence during her seven-month stay in India post-marriage.
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She had signed an undertaking in the Australian court, releasing both parties from further legal proceedings in India and Australia.
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The complaint was filed six to seven years after the alleged incidents, exceeding the legal time limit for initiating proceedings in India
Given these factors, the court deemed the FIR unsustainable and quashed it. The bench expressed concern over the increasing misuse of India’s legal system to target NRI couples who have already resolved their disputes abroad. It stressed that initiating parallel legal proceedings after disputes are settled in the country of residence undermines the sanctity of judicial processes. Malicious litigants using the system for personal grievances not only cause unnecessary harassment but also impede justice.
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