Nagpur: In a significant observation, the Nagpur bench of the Bombay High Court held that marriage, particularly under Hindu law, is not merely a social contract but a spiritual union — and if reconciliation between estranged partners is not possible, their separation should be facilitated to avoid prolonged suffering.
The division bench comprising Justices Nitin Sambre and M. M. Nerlikar, in an order dated July 8, made these remarks while quashing a dowry harassment case filed in December 2023 against a man and his family by his estranged wife. The petitioners were represented by Advocate Sameer Sonawane.
The couple informed the court that they had amicably settled their marital dispute and had obtained a divorce by mutual consent. The woman, who had originally lodged the complaint, submitted before the court that she had no objection to the criminal proceedings being quashed, as she wished to move on with her life.
While quashing the FIR, the court noted that although the provisions invoked — including sections related to dowry harassment and unnatural offences under the Indian Penal Code and Dowry Prohibition Act — are non-compoundable, the court is empowered to quash such cases to secure the ends of justice.
The bench highlighted that matrimonial discord has become a growing menace in society, with even minor issues between couples threatening the sanctity of marriage. “Marriages considered sacrosanct by Hindus are increasingly at stake due to trivial disputes,” the bench observed.
The court emphasized that when both parties express their willingness to settle and live peacefully, the judiciary must encourage such resolutions rather than perpetuate litigation. It also cautioned against the recent trend of filing criminal complaints against multiple family members from the husband’s side in matrimonial matters.
“Marriage binds two souls together. It is not just a legal relationship, but a spiritual bond,” the court remarked, setting a progressive precedent in addressing sensitive matrimonial disputes through a pragmatic and humane approach.
