Malicious Prosecution in Matrimonial Disputes.

In recent times the amount of matrimonial disputes has escalated significantly in our country. Reasons behind such an escalation are changing social structure and decline in the traditional joint families, and rising expectations from marriage such as emotional compatibility, lifestyle compatibility etc. when such expectations are unmet, conflicts intensify. Social media and digital influence is also contributing to it by increased suspicion and surveillance between spouses, emotional infidelity, unrealistic lifestyle comparisons, public exposure of private conflicts, and easier formation of extramarital relationships, nowadays digital evidence frequently appear in matrimonial litigations.

This increase in matrimonial litigation is one concern but another major issue is use of criminal law as weapon and vendetta in matrimonial litigation. After initiation of such matrimonial litigation, the wives are using criminal machinery to have it as a leverage in such kind of disputes and settlements. Unnecessary implication of husband side relatives by filing complainants as retaliation of divorce proceedings under Section 498A I.P.C./ Section 85 B.N.S. for the purpose of harassing and pressuring the husband side, these pressure tactics by misusing these provisions has unleashed new legal terrorism. Many of them are surrendering themselves to these tactics to avoid the harassment of their family. Matrimonial litigants are perceiving criminal proceedings as a way to secure faster settlements and increase bargaining power. It is very crucial to scrutinise the real victims and the ones who are just using it as a pressure tactic. Courts should often examine, whether the complaint arose immediately after cruelty, or only after divorce proceedings, custody disputes, or property disputes began and they should also be cautious where allegations are generalised, repetitive, omnibus, or mechanically drafted against every family member.

This escalation in matrimonial disputes is common in urbanised areas because urban life has brought long working hours, financial pressure, work-life imbalance, migration away from families, reduced social support systems. I am not meaning to say that one should tolerate marriage due to social pressure, economic dependence or some kind of family honour concerns, but when it comes between working out or trying out on marriage and willing to legally separate, people nowadays are choosing legal separation more often, which actually should be a last resort.