SC: Shobha Rani Vs Madhukar Reddi (498A Divorce 1987)

Folks,

This is one of the first 498A cases. Divorce was granted.  What is striking is the way the judgment was written. Here is an excerpt of the judgment. They had it right on.

“It will  be necessary  to bear  in mind  that there has been marked  change in the life  around us.  In matrimonial duties and  responsibilities in particular, we find a sea change. They  are of  varying degrees from house to house or person to  person. Therefore,  when a spouse makes complaint about the  treatment of  cruelty by  the partner  in life or relations, the Court should not search for standard in life. A set of facts stigmatised as cruelty in one case may not be so in  another case.  The cruelty alleged may largely depend upon the type of life the parties are accustomed to or their economic and  social conditions.  It may  also    depend    upon their  culture  and  human  values  to  which they  attach importance. We,  the judges  and lawyers,  therefore, should not import  our own  notions of life.  We  may  not  go  in parallel with them. There may be a generation gap between us and the parties. It  would be  better if  we keep aside our customs and  manners. It  would be  also better  if we less depend upon  precedents. Because  as Lord  Denning  said  in Sheldon v.  Sheldon,  [1966]  2  All  E.R.  257     (259)    “the categories of  cruelty are  not closed.”  Each case  may  be different. We  deal with the conduct of human beings who are not generally  similar. Among  the human  beings there is no limit to  the kind  of conduct which may constitute cruelty.”

Here is the judgment:  Shobha Rani Vs Madhukar Reddi (498A Divorce 1987)

_________________________

2 Responses to “SC: Shobha Rani Vs Madhukar Reddi (498A Divorce 1987)”


  1. 1 Mohd S January 2, 2009 at 5:18 am

    What a well written paragraph. The beauty of it is that it interprets the alleged actions/words of the accused in the context of the family’s own customs/practices/generally accepted norms/religion as practiced by that family. It does not take a generic template and try fitting the issue into and then judging the accused. In this case as it appears to me from reading the Para I feel how difficult the job of the judge would be. If the judge really wants to deliver justice and be truthful to his own soul, then he has to carefully example the accusations/evidence in light of the larger as well as the localized context of the individuals and then arrive a decision without bias. Only then justice will be meted out to people. It is definitely and fact that women are victimized in marriage, but the judge has to bear in mind that the general nature of Males to sort out and move along does not infer that they are not victimized by women. Certainly a very large percentage of men are also victims.

    HERE IS THE GREATEST TRUTH OF INDIAN MARRIAGES. A GIVEN PERSON (MALE OR FEMALE) IS SOMETIMES VICTIM AND AT OTHERTIMES THAT SAME PERSON IS THE OPRESSOR. This calls for the judge to use extreme caution in delivering justice and certainly adhere to the case by itself without drawing concluding inferences from precedents.
    While Allah (swt) created beautiful people and beautiful relationships, we human beings get into the trap of Satan and start victimizing and oppressing each other. The only remedy to all these silly yet serious problems is to have the fear of Allah(swt) in heart and the beware that Allah(Swt) is watching us all the time and we will have to give him an account of actions in this world once we die.
    Who is there who can avoid death and escape the meeting with his creator? Can you?? So act accordingly.
    Remember HIM all the time and HE will help you! Best of luck.

    Like

  2. 2 abdullah mohamed musathik October 18, 2011 at 7:42 am

    YES U R CORRECT ONCE U FEAR ALLAH NO ONE WILL HURT EACH OTHER,
    NOW IN MY CASE MY WIFE NOT FEAR ALLAH AND SCOLD ME LIKE HELL INFRONT OF OUR HOUSE WHEN I AM OUTSIDE OF COUNTRY.SCOLD MY WHOLE FAMILY, AND LIES ABOUT MANYTHING .INSA ALLAH I BELIEVE THERE IS A JUDGEMENT ONE DAY FOR HER IN THE DAY AFTER.

    Like


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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