By But, at identical time, the bench regretted that whereas the husband’s issues square measure taken care of by God, the stepchild remains within the soup despite the fact that he was simply 9 once his father remarried. the lady wished the stepchild to be tried beneath the criminal charges for harassing her.
Despite death of the husband, the court lamented, there seems to be without stopping to the dispute in question “with that the son from the primary wedding has very little to try and do.”
The bench, that conjointly enclosed justices Dinesh Maheshwari and Hrishikesh Roy, took note that the stepchild was in school IV and aged regarding nine once his father married for the second time with the plaintiff in 1983.
The couple started living individually since 1984 whereas the stepchild was in a very private school in Maharashtra’s Panchgani between 1985and 1990. when his schooling, he was sent to Pune for higher studies. it had been solely when finishing his faculty in Pune that the stepchild came back to Delhi to remain together with his father, World Health Organization had since long been separated from the plaintiff.
But in 2014, the lady had Associate in Nursing FIR registered at a station in Delhi, accusive the father-son of torturing her and subjecting her to cruelty. when the Delhi court refused to label the father-son pair and asked them to prove their innocence throughout the trial, they affected the apex court in attractiveness.
Hearing the attractiveness earlier on, the bench noted that the fees against the husband had to be born when his ending.
Underscoring that this FIR was filed when thirty years of wedding, Associate in Nursing entertained bench said: “The Angst and rancor against the husband is such respondent No.2 (woman) has roped in his son within the said factual matrix. on however and why the son ought to be roped into this FIR, one wonders!”
It maintained that the FIR has nothing to try and do with the stepchild, World Health Organization is physically unfit. once the proceedings against the husband cannot continue as a result of his death, the bench ascertained, it might be unjust to send the stepchild for trial, especially, once there has been very little interaction between him and therefore the step-mother.
The bench emphasized that “no meaty purpose would be served by deputation the stepchild for an effort,” Associate in Nursingd further that the criminal proceedings against him got to be delivered to an finish too.
“We consequently quash the criminal proceedings emanating from the FIR against the appellant no.2,” ordered the bench, returning to the rescue of the stepchild.
