Suppose if a wife and husband lives together for 30 days. Then they part.
Wife files 30 cases of 498A, one case for incident of each day. Second case for incident of second day and so on.....
Is this permissible?
The answer is Yes and No both.
Yes, because each complaint indicates an offence of a different date. Each offence is separate. Each case can be tried separately.
No, because this is an abuse of process of court. Courts have two types of powers to prevent such abuse.
1) Higher Courts can quash such cases if it is convinced that this is an abuse of process of law.
2) Lower Courts can club all such cases as one case and can try all cases as one case. Relevant provisions can be found in Code of Criminal Procedure,1973
Haresh Raichura
28/04/2014
