[Atul Subhash Suicide Row] A New Plea Filed In SC Calls for Preliminary Inquiry in Dowry and Sexual Offence Cases, UCC Implementation

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The plea was filed by Rameshwar and Mohd. Haider, represented by advocates Pawan Prakash Pathak and Richa Sandilya.

NEW DELHI: A petition has been filed in the Supreme Court today(20th Dec) requesting a preliminary inquiry in cases involving serious allegations, including dowry harassment, sexual offences, and the implementation of a Uniform Civil Code.

“The recent incident involving Atul has deeply affected everyone, raising significant concerns about our law and order system. It compels us to reconsider whether women’s rights are being used responsibly or, in some cases, misused as tools of harassment. The misuse of these rights can cause severe mental and emotional distress, sometimes leading individuals to despair. This highlights the need for an immediate Public Interest Litigation (PIL),” the petition states.

The plea was filed by Rameshwar and Mohd. Haider, represented by advocates Pawan Prakash Pathak and Richa Sandilya.

The petition seeks the consolidation of legal proceedings and urges that in cases involving dowry harassment allegations, all pending proceedings between the same parties should be merged and adjudicated together to ensure judicial efficiency and avoid conflicting decisions. The Family District Court judge would have the authority to decide on this matter.

The petition also requests provisions for virtual hearings, stating that when one party resides outside the court’s jurisdiction or in another state, video conferencing facilities should be provided to facilitate participation in legal proceedings without undue inconvenience.

Additionally, the petition calls for the requirement of a preliminary inquiry in cases involving serious allegations such as dowry harassment, sexual offences under the Indian Penal Code, or offences under BNSS. It argues that an FIR should not be registered solely based on a complaint, and a preliminary inquiry to establish prima facie evidence should be made mandatory.

READ ALSO: Atul Subhash Suicide: PIL In Supreme Court To Curb Misuse Of Dowry Laws Against Men

The petition further advocates for the implementation of a Uniform Civil Code, stating that the current personal laws, particularly regarding alimony, are not adequately addressed.

The recent Supreme Court guidelines on determining alimony are discretionary, and the petition urges the enactment of a Uniform Civil Code to ensure consistent legal standards across all communities in India.

Rameshwar, who has been facing a matrimonial dispute for over 20 years in Rajasthan, and Mohd. Haider, who has been involved in a trial for the last two years, both highlight the misuse of legal processes by their respective wives and their families.

Rameshwar’s case involves a marriage that ended in separation shortly after it began, and subsequent criminal charges were filed against him, resulting in a prolonged legal battle. Despite presenting evidence, Rameshwar’s petition for divorce was dismissed in 2010. The matter has been transferred between benches multiple times and remains unresolved, underscoring the protracted litigation and violation of the petitioner’s fundamental rights.

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