Child of broken marriage suffers from stigma: SC

New Delhi, July 12 (UNI) The Supreme Court has cautioned the society at large that child of a broken marriage suffers from stigma especially the girl child and this fact should not be lost sight of by the embattled couples.

A bench comprising Justices Arijit Pasayat and S H Kapadia referring to various angles involved in marital relationships also cautioned against the misuse of anti-dowry laws as such conduct puts a question mark against such laws being really the dynamic instruments fashioned by the society for the purpose of achieving human relations by elimination of social tensions and conflicts and whether they have achieved the intended objectives or are being used as weapons of an assassin to harass and humiliate others instead of being used as a shield against injustice.

The apex court in its judgment dated July 11 was saddened by the fact of flooding of courts by the large number of cases with allegations of torture and harassment for dowry. In a philosphical bid to find an answer to the problem the court explored various aspects such as whether it is due to lack of communication or adjustment or due to the victory of greed and materialistic needs over love, affection and human values.

The important observations were made by the court while disposing of the transfer petition filed by one Manjula during which the court was told that the relationship had irretrievably broken down and any effort for conciliation would prove futile.

The court directed the respondent husband K.R. Mahesh to deposit a sum of Rs. five lakhs as fixed deposit in a nationalised bank for period of five years to meet the educational expenses of his duaghter Anugraha Mahesh and Rs 360,000 shall be deposited in the name of the child with her mother as guardian with ABN-AMRO Bank in a unit linked policy of AVIVA for a period of 12 years. The amount will be deposited within six months and on payment of the amount the Chennai court where divorce petition is pending shall pass an appropriate decree treating it as divorce by mutual consent petition.

UNI AKS/SC RP VC2016