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Share"A possible reason is that more criminal cases are being filed since the Parliament has passed legislations in recent years which have created effective criminal remedies for disputes arising out of... cruelty in marriage and numerous offences under special legislations. It is quite reasonable to assume that stronger criminal remedies encourage more parties to move the criminal law machinery, which translates into more criminal cases being filed before the courts," Chief Justice of India KG Balakrishnan said.
True, but an uncertain judicial approach is of more concern to children of estranged parents. In a classic case, the Supreme Court (SC) refused to adjudicate on the principle that a father could seek custody of his child under "changed circumstances". The SC had told him that he could lay claim on his child if he had a female member at home. Till then his former wife, who married a world-famous cricketer, would have the child's custody.
The man married again and sought the child's custody saying his ex-wife had two kids and he's better placed to take care of the daughter now. His divorced wife challenged it before the SC and a considerable time elapsed. But she withdrew the petition and the SC allowed her plea without imposing a fine. However, the court missed an opportunity to take a final decision, leaving the father with the sole option to move the family court again. He'll have to revive the litigation he started for custody of his six-year-old daughter 10 years ago.
Karnakata HC judge DY Shylendra Kumar, who had dealt with this case earlier, said, "The effect of a happy home atmosphere, company of affectionate, caring and guiding parents, a home free from tension and acrimony, are all indicated to be the factors promoting the welfare of the child".
