The Supreme Court has flagged the filing of false and frivolous cases by spouses against one another as an ‘arm-twisting’ method so as to reach a more favourable outcome or more lucrative monetary settlement.
A Justice BV Nagarathna led bench has said that while courts are cognizant of the fact that there are genuine and bona fide cases in the courts wherein the aggrieved parties are genuinely looking for relief and respite from the actions and omissions of their spouses, that often require immediate care and attention of the courts of law and public authorities, such cases get frequently overshadowed and obscured by the overwhelming number of false and frivolous cases filed by spouses against one another as an ‘arm-twisting’ method so as to reach a more favourable outcome or settlement or more lucrative monetary settlement.
Court has cited the example of an offshoot or a species of vexatious and frivolous litigation in family disputes, particularly, a ‘matrimonial bouquet’ that is presented by the estranged wife against the husband and his family out of personal animosity and spite once the relationship turns sour and rancorous and vice versa. As per the top court, this ‘matrimonial bouquet’ often includes claims of dowry demands; cruelty under 498A IPC; harassment by in-laws and domestic violence, made by the complainant against her spouse and in-laws. This set of cases frequently include bogus and empty allegations and false claims of harassment, cruelty and marital...
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