SC expresses concern over growing misuse of Section 498A by wife against husband, his family

New Delhi, [India], December 11 (ANI): The Supreme Court has expressed concern over the growing tendency to misuse Section 498A of the Indian Penal Code (IPC), which penalises cruelty by husbands and their relatives against married women.

While quashing a Section 498A IPC case against a husband and his parents, a bench of Justices BV Nagarathna and N Kotiswar Singh said that the Section became a tool for unleashing personal vendetta against the husband and his family by a wife.

“The inclusion of Section 498A of the IPC by way of an amendment was intended to curb cruelty inflicted on a woman by her husband and his family, ensuring swift intervention by the State. However, in recent years, as there has been a notable rise in matrimonial disputes across the country, accompanied by growing discord and tension within the institution of marriage, consequently, there has been a growing tendency to misuse provisions like Section 498A of the IPC as a tool for unleashing personal vendetta against the husband and his family by a wife,” stated a judgement came on Tuesday.

It added, “Making vague and generalised allegations during matrimonial conflicts, if not scrutinised, will lead to the misuse of legal processes and encouragement for use of arm twisting tactics by a wife and/or her family. Sometimes, recourse is taken to invoke Section 498A of the IPC against the husband and his family in order to seek compliance with the unreasonable demands of a wife. Consequently, this Court has, time and again, cautioned against prosecuting the husband and his family in the absence of a clear prima facie case against them.”

The verdict came on a criminal appeal filed by the husband and his family against the Telangana High Court’s decision refusing to quash the domestic cruelty case registered by the wife against them.

The wife had registered a domestic cruelty case against her husband and in-laws after he filed a petition seeking the dissolution of the marriage.

The apex court said that the cases filed by the wife were to settle personal scores and grudges and the wife was misusing the provisions meant originally to protect her.

“We are not, for a moment, stating that any woman who has suffered cruelty in terms of what has been contemplated under Section 498A of the IPC should remain silent and forbear herself from making a complaint or initiating any criminal proceeding. That is not the intention of our aforesaid observations but we should not encourage a case like the present one, whereas a

counterblast to the petition for dissolution of marriage sought by the first appellant-husband of the second respondent herein, a complaint under Section 498A of the IPC is lodged by the latter,” said the bench.

“In fact, the insertion of the said provision is meant mainly for the protection of a woman who is subjected to cruelty in the matrimonial home primarily due to an unlawful demand for any property or valuable security in the form of dowry. However, sometimes it is misused as in the present case,” it added.