April 17, 2012

In Husband-Wife Cases, can Magistrate go to House of Husband or Wife to see the room where they used to fight?


   
If Supreme Court, High Court or any Magistrate says Yes to the above question, it can solve many many marriage disputes and can save many families.

The question is based on Sec. 310 of Code of Criminal Procedure 1973.

A lawyer of either husband or wife, can apply to the judge that local inspection by judge is necessary to house of husband or wife to see the exact bed room where wife and husband used to fight, to assess extent of dispute between husband and wife.

Judge will fix a date and time when he will visit house of husband or wife to see the exact room where husband and wife used to fight.. He will direct all parties to remain present at the house.

Obviously, all relatives of the husband-wife will also come uninvited to watch what Judge does.

Whole the neighbourhood of the house, will come to see and to tell the judge since when the dispute between husband wife started.

Lawyers of both sides will also have to come.

Probably, dispute may get resolved because of presence of un-invited relatives and neighbours.

Otherwise, judge only has to record a local inspection of site of dispute and return back to court. Judge need not record what relatives and neighbours told him.

The idea is new. Someone can try to see what happens.
New ideas often fail. But that should not prevent us form trying it out.

Haresh Raichura

17/04/2012