In a recent order, Justice JB Pardiwala of the Gujarat High Court made some intriguing comments revealing his views on the longevity of Facebook marriages..The judge was hearing applications to quash FIRs registered against the in-laws of a woman who had met her husband through Facebook. Two months into the marital relationship that followed, problems cropped up..This eventually culminated in criminal complaints being registered against the husband and his family under Sections 498A, 323, 504 read with Section 114 of the Indian Penal Code, as well as Sections 3 and 5 of the Dowry Prohibition Act..Subsequently the mother-in-law, father-in-law and brother-in-law of the woman-complainant approached the High Court, praying that the charges against them be quashed in exercise of the Court’s inherent powers under Section 482 of the Criminal Procedure Code. The husband did not present himself before Court..The Court noted that the allegations in the FIR were by and large against the husband. While allowing the plea made by the in-laws in the instant case, the Court ordered that the investigation shall proceed further only against the first original accused i.e. the husband..Moreover, while some judges have been known to encourage the reconciliation of estranged spouses, Justice Pardiwala minced no words in expressing his faith or lack thereof in the Facebook marriage before him. While passing the order, the Court remarked,.“This is one of those modern marriages fixed on facebook, therefore, bound to fail.”.Bearing in mind the young age of the persons involved, the Court suggested that the couple explore the possibility of a settlement and move on..“I should make a note of one fact that the parties did try to settle the matter, however, the settlement could not be arrived at..I am still of the view that the parties should explore the possibility of settlement and put an end to the marriage with consent. Both the sides are young. Once the marriage is dissolved, they can think about their future avenues in life.”.Read Order below.
In a recent order, Justice JB Pardiwala of the Gujarat High Court made some intriguing comments revealing his views on the longevity of Facebook marriages..The judge was hearing applications to quash FIRs registered against the in-laws of a woman who had met her husband through Facebook. Two months into the marital relationship that followed, problems cropped up..This eventually culminated in criminal complaints being registered against the husband and his family under Sections 498A, 323, 504 read with Section 114 of the Indian Penal Code, as well as Sections 3 and 5 of the Dowry Prohibition Act..Subsequently the mother-in-law, father-in-law and brother-in-law of the woman-complainant approached the High Court, praying that the charges against them be quashed in exercise of the Court’s inherent powers under Section 482 of the Criminal Procedure Code. The husband did not present himself before Court..The Court noted that the allegations in the FIR were by and large against the husband. While allowing the plea made by the in-laws in the instant case, the Court ordered that the investigation shall proceed further only against the first original accused i.e. the husband..Moreover, while some judges have been known to encourage the reconciliation of estranged spouses, Justice Pardiwala minced no words in expressing his faith or lack thereof in the Facebook marriage before him. While passing the order, the Court remarked,.“This is one of those modern marriages fixed on facebook, therefore, bound to fail.”.Bearing in mind the young age of the persons involved, the Court suggested that the couple explore the possibility of a settlement and move on..“I should make a note of one fact that the parties did try to settle the matter, however, the settlement could not be arrived at..I am still of the view that the parties should explore the possibility of settlement and put an end to the marriage with consent. Both the sides are young. Once the marriage is dissolved, they can think about their future avenues in life.”.Read Order below.