A father-and-son litigation in Bombay High Court caused the bench to observe that: "Court matters are a reflection of the culture, maturity and problem areas of society in the country. This case speaks volumes about the deterioration of social values."
The court then quashed and set aside a criminal prosecution, initiated by a father against his son, for not repaying money loaned to him to study abroad.
"Filing of such litigations is the root cause of piling of cases in courts," reprimanded Justice Mridula Bhatkar about the father's "frivolous" complaint.
The case began as a private complaint in the Borivali Magistrate court. The father alleged criminal breach of trust and cheating on part of his 32-year-old son, who is based in the US, for not repaying an educational loan taken in 2004, when the son was 18 years old. The father said his son had promised to repay the amount and even acknowledged it in a 2008 letter.
Advocate Vijay Hiremath, appearing for the son, said the latter never wanted to cheat his father and is ready to bear his father's financial responsibility. The sore point in the relationship, according to Hiremath, is that during his parents' divorce in 2014, the son took his mother's side in the legal battle. The 2015 complaint by the father against his son is an act of revenge.
"This matter is not to be looked at emotionally or against the background of the relationship," the father countered, "The matter needs a practical approach: It is a monetary transaction between two adults. The son breached the trust reposed on him while lending him a huge amount of Rs 29 lakh."
The bench termed the father's arguments "absurd" and said "To educate a child and spend money on his education, as per capacity, is an obligation of the parents and if it is discharged, then the child should be grateful and it is not a legal issue. Such monetary transactions are out of love, affection, care and concern, and should not be transformed into litigations."
Hiremath told the court that his client was ready to repay the loan in three instalments of Rs 15 lakh each. His father agreed to this, and the court disposed of the case.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
 "Father-Son")
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}