Compounding of offence in matrimonial dispute. My wife has filed several court cases arising out of matrimonial disputes. Now the matter is settled between us. I want to know whether I can compound the offence relating to matrimonial disputes? If possible, please advise.
In the context of matrimonial disputes, the term "compound offense" refers to the process of reaching a settlement or compromise between the parties (husband and wife) with the permission of the court. This can be done in certain cases of matrimonial disputes where the parties have decided to resolve their differences and move on with their lives.
Under the Hindu Marriage Act, 1955 and Special Marriage Act, 1954 certain offences which are committed by either of the spouses in matrimonial dispute are compoundable with the permission of the court. Such offences include cruelty, desertion and Adultery.
The process for compounding an offence in a matrimonial dispute is similar to the process outlined in the Code of Criminal Procedure (CrPC) as previously described. The parties (husband and wife) must agree to settle the matter out of court and reach a compromise. They must file an application for compounding the offence before the court where the matrimonial case is pending. The court will consider the application and, if satisfied that the compromise is genuine and the interests of justice will not be prejudiced, it may grant permission for compounding the offence.
It's important to note that the court has discretion to grant or deny permission to compound an offence, depending on the facts and circumstances of the case and it must be satisfied that the compromise is genuine and the interests of justice will not be prejudiced.
