The Madhya Pradesh High Court recently fined a woman ₹1 lakh for misusing the legal process by continuing a case against her ex-husband and his family after a mutual divorce and settlement. The court noted that the woman had already received a ₹50 lakh settlement from her former husband.
The ex-husband and his family filed two petitions: one to quash a 2018 FIR filed by the woman, and a criminal revision petition against the charges framed by the trial court. The charges included causing miscarriage without consent and cruelty under the Indian Penal Code (IPC).
Despite agreeing to withdraw all cases as part of the divorce settlement, the woman argued she could not withdraw the Section 313 IPC case (non-consensual miscarriage) as it is a non-compoundable offence. The court disagreed, allowing both petitions and criticizing the continued legal action as an abuse of the legal process.
The court remarked, “Considering that the respondent (wife) had her Medical Termination of Pregnancy in 2009, it is difficult to perceive that the legal procedure from a reputed hospital can be framed as causing miscarriage without consent under Section 313 IPC after 12 years.”
Regarding allegations of cruelty and other offences, the court noted that these were broad and general. “The other offences under Sections 498A, 323, 506, 34, 325 IPC are found to be omnibus allegations. Given that a mutual consent divorce decree has been passed, the respondent was obliged to withdraw these charges but deliberately refused with ulterior motives.”
The court’s decision to impose costs aims to deter the misuse of the legal system and emphasize the importance of adhering to agreed-upon settlements in divorce cases.
