Supreme Court Flags Misuse of IPC Section 498A in Matrimonial Disputes

By Lokmat English Desk | Updated: December 11, 2024 16:20 IST2024-12-11T16:20:11+5:302024-12-11T16:20:20+5:30

The Supreme Court has raised concerns about the increasing misuse of Section 498A of the Indian Penal Code (IPC), ...

Supreme Court Flags Misuse of IPC Section 498A in Matrimonial Disputes | Supreme Court Flags Misuse of IPC Section 498A in Matrimonial Disputes

Supreme Court Flags Misuse of IPC Section 498A in Matrimonial Disputes

The Supreme Court has raised concerns about the increasing misuse of Section 498A of the Indian Penal Code (IPC), which penalizes cruelty by husbands and their relatives against married women. A bench comprising Justices BV Nagarathna and N Kotiswar Singh observed that the provision, originally intended to protect women from cruelty, has often been exploited as a tool for personal vendetta.

The court made these remarks while quashing a Section 498A IPC case filed against a husband and his parents by his wife. The judgement noted, "The inclusion of Section 498A of the IPC was aimed at addressing cruelty inflicted on women by their husbands and in-laws, ensuring swift intervention by the State. However, in recent years, there has been a growing tendency to misuse such provisions to unleash personal vendetta."

The bench highlighted that vague and generalized allegations during matrimonial disputes, if not thoroughly scrutinized, could lead to misuse of the legal process. This, the court warned, might encourage arm-twisting tactics by wives or their families.

The verdict came in response to a criminal appeal filed by a husband and his family against a Telangana High Court decision, which had refused to quash the domestic cruelty case lodged by the wife. The wife had registered the complaint after the husband filed for dissolution of the marriage.

The apex court observed that the wife’s actions appeared to be an attempt to settle personal scores. The bench stated, "We are not suggesting that women who suffer genuine cruelty should refrain from seeking legal recourse. However, cases like the present one, filed as a counterblast to a divorce petition, undermine the purpose of Section 498A and encourage its misuse."

The court emphasized that Section 498A is primarily intended to protect women subjected to cruelty, often linked to unlawful demands for dowry. However, it cautioned against its use in situations where no prima facie case exists, as in the present instance.

The judgment underscores the need for a balanced approach to ensure the provision remains a shield for genuine victims and not a weapon for settling personal grudges.

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