A failed marriage between a couple, earlier featured in a Netflix reality show ‘The Big Day’, turned out to be a nightmare for one of the uncles of husband after he was asked to mediate in a case filed by a woman to pressurise her in-laws into giving her jewellery and other items. The marriage between the couple, solemnised in November 2019 in Jammu, was dissolved through a divorce issued by the UK’s HM Courts and Tribunal Services in January 2024.
However, after the divorce, Prerna Gupta, hailing from Jammu, alleged that Sumesh Chadha, the uncle of her husband Kunwar Sood, had conspired to deprive her of her valuables and arranged harassment under the guise of a reconciliation meeting in London in July 2023.
A FIR no 0112/2024 dated 6th June, 2024 was also registered with the police station in Gandhi Nagar, Jammu under Sections 498-A and 420 of Indian Penal Code (IPC) against Sumesh Chadha.
Finally, the uncle of the husband, Sumesh Chadha, earned justice after the Jammu and Kashmir High Court quashed a cruelty case filed by Prerna Gupta against him.
The court observed that the woman, Prerna Gupta, had filed this case to pressurise her in-laws into giving her jewellery and other items. Justice Rajnesh Oswal noted that pursuing the investigation would be an abuse of the legal process under Section 498A of the IPC. In his 14-page verdict, Justice Rajnesh Oswal asserted that Chadha, a resident of Ludhiana, had only been a facilitator of the wife’s jewellery (stridhan) being returned and was unjustifiably brought into the case to exert pressure on the husband’s family.
Justice Oswal, while analysing the case, noted that Chadha’s alleged involvement occurred after the marital discord had peaked. “The petitioner (Chadha) came into the picture only after relations between Gupta and her husband had turned from bad to worse, when he participated in the reconciliation meetings. No specific allegation has been levelled against the petitioner. In fact, there is no mention of the petitioner in the FIR except for his presence in the meeting that took place in July 2023 in the United Kingdom,” the court observed.
The judgment pointed out that Chadha had no role in the alleged cruelty or cheating, and his name surfaced only because he was nominated to facilitate the return of Gupta’s belongings.
“The petitioner has been arrayed as an accused only because he was nominated by the other accused persons for handing over the jewellery/articles of Gupta, which are lying as per Gupta with the Sood and his family members in the UK,” the court said.
The judgment also drew reference to the Supreme Court’s stance in Payal Sharma vs State of Punjab (2024 INSC 896), where the apex court had cautioned against the over-implication of relatives in matrimonial disputes, emphasising that such actions undermine the spirit of justice. The court highlighted that the continuation of the investigation against Chadha amounted to an abuse of process. “In the absence of specific allegations against the petitioner, continuing the investigation would be an abuse of process,” Justice Oswal stated.
