The Bold Voice of J&K

Court emphasises Govt to establish ‘Marriage Counseling Centres’

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JAMMU: While rejecting anticipatory bail of an accused mother-in-law in dowry death case, registered at Police Station R S Pura Jammu vide FIR No. 199/2020 titled UT of J&K vs Raj Kumari, the Additional Sessions Judge Jammu, Tahir Khurshid Raina emphasised on the Government to establish marriage Counseling Centre in every District for ensuring smooth and lovable matrimonial relations among families.
As per detailed observations made by court, ‘the Fact remains, by resorting to such illegal demands by mother-in-law and other in-laws, they not only frustrate life of their daughter-in-law but even of their own son and pushes it to the brink of disaster, as has happened in the instant case. What is expected from parents-in-law, that even if such demands are raised by their son, they should reprimand him in very first instance and give protection to daughter-in-law so that family as a whole is saved from mess and unpleasant happenings. If not, it finally brings bad name for family and disturbs its peace for all times to come.
The Judge further observed, “In instant case, if parents-in-law would have played a very positive role in first instance, probably they would have been saved from this very awkward situation which they are facing right now at the moment. Now, the unfortunate prevailing situation which the family is facing is that daughter-in-law has committed suicide on account of alleged torture, husband and brother-in-law are behind bars, accused mother in law is struggling to be saved from jail and a poor innocent of four years is now a child of broken family, missing love and care of all. This is the most wrenching and undesired happening in any family which we are experiencing day in and day out in our society. The dowry death crime is on rise and inspite of all efforts there is no decline in its rising graph. This court has time and again shown its concern for spate in such offences and in its last order in a similar case has appealed for awakening of moral conscious of the society towards this crime so that society at large gets sensitize and awakened to curb this crime to its hilt. I am now reiterating my concern for awakening the moral conscious of the society towards such horrible happenings in our families. Fact remains that unless society as a whole is not convictionally ready to abhor and oppose it to, laws are not going to succeed in curbing the menace. Keeping in view the gravity of this burgeoning crime in the society, through the medium of this order, I convey my concern to the Government to establish marriage counseling Centers in every District, where especially before celebration of marriage, the couples along with their family members be called to have parleys with experts of the field who can guide them how to behave to each other in the new relationship, based on social, moral, ethical and religious sanctions. I have felt necessity to convey this concern for the reason that misunderstandings in relationships between daughter-in-law and her in-laws if not settled and shaped up properly, results into horrible happenings which finally leads the entire family into mess, even sometime culminates into horrible criminal cases like in hand. The Counseling Centers will be entrusted with the responsibility of pre and post marital parleys between the families to ensure harmonious and peaceful settlement of matrimonial understandings.”
“In instant case, the gravity of offence is on the face of the record as a young lady of aged 32 years, who was a mother of a child of 4 years age has died by committing suicide who, as alleged has been a constant victim of physical and mental torture on account of demand of dowry by mother-in-law (applicant here in), husband and brother-in-law and she finally ended her life by committing suicide. Quite unfortunate. The investigation in the case is going on and the other two accused are behind the bars.
With regard to applicant-accused, the I.O has stated at the bar that he was unable to trace her out and has only come to know about her whereabouts when this application was filed before the court. It is stated by his counsel that she is under some treatment in Military Hospital Jammu. From the material on record annexed with the application, it is inferred that she stands discharged from hospital on October 23, 2020. However, there is no such material on record which suggests that her ailment is so fatal that she be granted anticipatory bail on this ground in such a serious offence wherein she has been projected as the main trouble-shooter for deceased to commit suicide. Counsel for the applicant has referred to a proviso attached to Section-437 CrPC whereby a woman and infirm can be granted bail in non-bailable offences. Fact remains that this provision is a directive provision as held by our own High Court and its application depends upon facts and circumstances of each case. In the case in hand which is quite serious in its gravity and complicity of accused-applicant is quite explicit, does not entitle her for grant of anticipatory bail. Fact remains that Anticipatory bail is meant only for those bonafide persons who are unnecessarily roped in an offence on account of some vengeance etc and not for those who are explicitly involved in serious offences like dowry death and seek anticipatory bail. A completely unsustained prayer. In view of it, what stand discussed in the foregoing Paras, this application is accordingly rejected,” he asserted.

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