Bhopal, May 26: In a significant ruling, the Madhya Pradesh High Court has refused to quash an FIR filed by a woman from Bhopal against her husband and in-laws based in Vadodara, Gujarat, on charges of dowry harassment. The court dismissed the husband's contention that the couple had mutually agreed to part ways and were thus divorced, noting that as non-Muslims, they could not legally divorce without approaching the court.

The court highlighted that the woman, Rakesh Sisodiya of E-7 Arera Colony, Bhopal, had made specific allegations against her husband, Ravindra Pratap, and his parents, Gopal Singh and Komal Rao. Sisodiya accused them of demanding Rs 10 lakh and a car as dowry and harassing her when her parents could not fulfill these demands. She claimed her parents had already given Rs 8 lakh in cash as dowry. Further, she alleged that during a counseling session at the Bhopal court in 2023, she was physically assaulted by her husband and father-in-law. Wearing 'Sindoor' Religious Duty of Married Hindu Woman, Says Family Court in Madhya Pradesh; Asks Wife Seeking Divorce To Return to Husband’s House Immediately.

Justice GS Ahluwalia, presiding over the bench, emphasized that the couple, being non-Muslims, could not legally obtain a divorce through a mutual agreement without court intervention. The court expressed concern over the notary's role in notarizing such an agreement, stating that a notary does not have the authority to grant a divorce through an agreement of separation. Supreme Court Says Stridhan Is Woman's Absolute Property, Husband Holds No Title Over It.

"The parameters for quashing proceedings in a criminal complaint are well known," Justice Ahluwalia stated. "If there are triable issues, the court is not expected to go into the veracity of rival versions, but where, on the face of it, the criminal proceedings are an abuse of the court's process, quashing jurisdiction can be exercised." He reiterated that, given the specific charges of dowry harassment, dismissing the complaint at this stage was not appropriate without considering the merits of the case.

(The above story first appeared on LatestLY on May 26, 2024 09:21 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).