Wife Continuing Dowry Case After Taking ₹20 Lakh Alimony & Mutual Divorce Is Abuse Of Law: Rajasthan High Court

The Rajasthan High Court held that continuation of proceedings against ex-husband and his family by the ex-wife even after receiving a lumpsum amount of Rs. 20 lakhs as alimony and procuring a decree of mutual divorce, amounted to abuse of the process of law. The bench of Justice Anoop Kumar Dhand observed that the matter indicated a reverse trend wherein the complainant-wife, despite having compromised the dispute and attaining divorce & alimony, was continuing prosecution so that the petitioners were compelled to suffer the protracted proceedings and incurring continued expenses. The Court rejected the complainant's argument that criminal proceedings were independent of the divorce proceedings, and opined that in the present circumstances her conduct clearly indicated that the criminal proceedings were filed only to harass the petitioners. For context, the Court was hearing a quashing petition in relation to a dowry demand and harassment case filed by a woman against her husband and in-laws in which charges were framed by the trial court in 2018. During the pendency of the case, the husband filed for divorce which was granted by the trial court. This decree was challenged by the complainant before the Court. Based on a compromise agreement reached signed between the parties, the wife received a lumpsum amount of Rs. 20 Lakhs as permanent alimony, and the divorce was granted on mutual consent. It was the case of the petitioners that even after getting alimony and signing the compromise agreement, the proceedings against them were not dropped. Furthermore, since 2018, neither the complainant nor any of her family members had appeared in the witness box to record their statements. Hence, the petition was filed to quash the proceedings. After hearing the contentions, the Court highlighted that that more than 8 years had passed since the charges were framed against the petitioners. “It appears that inspite of dissolution of the marriage between the parties on the basis of consent given by the complainant before the Division Bench of this Court and inspite of receiving permanent alimony of Rs.20,00,000/- (Twenty Lacs) by her, the whole and sole objective of the complainant is to harass the petitioners.”The Court highlighted that as per the compromise agreements reached between the parties, there was a settlement for divorce by consent decree as well as for quashing the criminal proceedings. It was held that having received the divorce decree without contest, based on the terms of the compromise, the complainant could not be allowed to go back on her proclaimed stand and take a summersault. The Court stated that by denying to honour the agreement, the wife was misusing the process of the court, which could not be allowed. “The Court proceedings ought not to be permitted to degenerate into weapon of harassment or persecution…Though justice has got to be administered according to laws made by the legislature but the ends of justice are higher than the ends of mere law.”Accordingly, entire proceedings against the petitioners were set aside. Title: Satyapal Sharma & Anr. v State of Rajasthan & Anr. Citation: 2026 Livelaw (Raj) 233Click Here To Read/Download Order

Wife Continuing Dowry Case After Taking ₹20 Lakh Alimony & Mutual Divorce Is Abuse Of Law: Rajasthan High Court

Nupur Agrawal

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Nupur Agrawal

Wife Continuing Dowry Case After Taking ₹20 Lakh Alimony & Mutual Divorce Is Abuse Of Law: Rajasthan High Court

Nupur Agrawal

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Nupur Agrawal

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