Hear marital cases in camera: SC:

Hear marital cases in camera: SC:

CONTEXT:

• In a landmark verdict aimed at keeping matrimonial disputes private and protecting the dignity of women, the Supreme Court on Monday ruled that it would be advisable for family courts to conduct in-camera hearings to resolve differences between husband and wife over divorce, maintenance and custody of children.

INTRODUCTION:

• The Supreme court has overruled the directions issued in the case of Krishna Veni Nagam v. Harish Nagam, observing that if proceedings are directed to be conducted through videoconferencing,  the spirit of  “the spirit of the 1984 Act will be in peril and further the cause of justice would be defeated”
• The majority judgment set aside a decision by a two-judge Bench of the Apex Court led by Justice A.K.Goel, directing all high courts to issue administrative instructions to family courts across the country to open video conferencing facilities and use  the technology to conduct marital disputes.

COURT’S VERDICT:

• The expression of desire by the wife or the husband is whittled down and smothered if the Court directs that the proceedings shall be conducted through the use of video conferencing, court observed.
• Describing matrimonial proceedings as “sanguinely private”, the majority judgment said chances of “reconciliation requires presence of both the parties at the same place and the same time so as to be effectively conducted”.
• Court says that it is very doubtful whether the emotional bond can be established in a virtual meeting during video conferencing and it may even create a dent in the process of settlement.
• Chief Justice of India Dipak Misra agreed that matrimonial disputes should be conducted in camera in the spirit of Section 11 of the Family Court Act of 1984 and video conferencing would destroy the privacy of the proceedings and probably defeat the cause of justice.
• “The statutory right of a woman cannot be nullified by taking route to technological advancement and destroying her right under a law, more so, when it relates to family matters. In our considered opinion, dignity of women is sustained and put on a higher pedestal if her choice is respected,” the court held.
• Allowing video-conferencing facility in matrimonial disputes would undermine the sanctity of concepts like constitutional identity, freedom of choice, dignity of a woman and affirmative rights conferred on her by the Constitution, Justice Misra said in the judgment.

MARITAL DISPUTES

What constitutes marital cases?

MARITAL RAPE 

• Marital rape, under current law is not a criminal offence (Section 375 of India’s Penal Code 1860), “sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape”.
• Women have been undergoing physical and emotional harassment due to domestic violence of this type.
• Verma Committee recommended to criminalise marital rape and its exception in Section 375 should be removed. It also says ‘Marriage should not be considered as an irrevocable consent to sexual acts’

CRUELTY

• Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.
  

ADULTERY

• In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, file for divorce as a civil remedy.

CONVERSION

• Divorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed.

MENTAL DISORDER

• If the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought. If,  the mental illness is to such an extent that the normal duties of married life cannot be performed.
  

CHILD CUSTODY

• While the courts usually agree to the decision of the parents in a mutual consent divorce, the courts are expected to see to the best interest of the child.
  
  What are the laws dealing with marital disputes in India?

SECTION 498 A OF IPC:

• provides complaint of harassment, cruelty or demand of dowry filed by wife against husband and relatives of husband.  For the purposes of this section, “cruelty” means:
• Any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman;
• Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

DOMESTIC VIOLENCE ACT 2005 (DV Act)

• The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government from 26 October 2006. The Act provides for the first time in Indian law a definition of “domestic violence”, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional/verbal, sexual, and economic abuse.

THE HINDU MARRIAGE ACT:

• by an act of the Parliament enacted in 1955. Three other important acts were also enacted as part of the Hindu Code during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship act (1956), the  Hindu Adoptions and Maintenance Act (1956).

THE FAMILY VIOLENCE PREVENTION AND SERVICES ACT:

• The Family Violence Prevention and Services Act (FVPSA) provide the main federal funding to help victims of domestic violence and their dependents (such as children). Programs funded through FVPSA provide shelter and related help. They also offer violence prevention activities and try to improve how service agencies work together in communities.