Legal Question in Family Law in India

Matrimonial case

Shyam and Seema have been studying in the law college. They fell in love and wanted to marry. Their parents were however not willing as they belonged to different castes and Shyam was very poor. The parents dissuaded Seema and took her away from the college. But Shyam followed her and entered into an agreement with her to live as husband and wife. They also exchanged garlands before some friends as was the custom followed by the caste to which Shyam belonged.

Both Shyam and Seemsa were disowned by their respective parents. Though they were majors and educated they could not find work. For some they pulled on by selling some belongings of Seema. After six months of their living together, Shyam asked Seema to sell her ornaments including the Mangalsutra (sacred thread/ornaments given by the husband), so that he could go to Dubai in search of a job. At first she was unwilling; however on persuasion she gave in.

Shyam could not find a job in Dubai. He went to Gokul, brother of Seema who was a chief of a company there. He rebuked Shyam and refused to give him a job. Aggrieved by him Shyam stopped sending letters to Seema who was living on the promises in Shyam�s letters. When the flow of letters stopped, she became panicky.

Shyam�s mother on learning the plight of her son in Dubai became angry. Almost daily she started coming to the rented house of Seema and cursing her in front of many. She alleged that seema was responsible for her son�s sorrows. She said to Seema that she should die so that she may not give birth to her son�s child.

Next day, Seema was found dead as a result of burns. It appeared that she committed suicide by pouring kerosene all over her body and get fire to her clothes.

Seema�s parents complained to the police that their daughter was done to death by her mother-in-law. Police started investigation and filed charge sheet against Shyam and his mother under Section 498A and 304B read with Section 34 of Indian Penal Code. Both were found guilty by the trial Court. They appealed to the high court on several grounds including the following grounds:-

1. That Seema was not Shyam�s legally wedded wife and therefore both Sections 498A and 304B would not be applicable.

2. That the investigation against Shyam conducted by the police was irregular, improper and illegal as they did not obtain sanction from the Central Government.

3. That both Sections 498A and 304B need not be charged together as one charge would do.

Argue.

i need a brief description about this topic in favour of both for and against

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