Amid outrage over the death by suicide of a Bengaluru-based techie due to alleged harassment by his wife and in-laws, the Supreme Court, hearing a separate case, has warned against the misuse of the cruelty law in marital dispute cases lodged by women against their husbands.
The cruelty law cannot be used as a “personal tool to unleash vendetta,” the court observed. Section 86 of the Bharatiya Nyaya Sanhita (BNS), the new penal code, protects women from cruelty by their husbands and in-laws.
Under this law, those found guilty can be imprisoned for three years or more, and be liable for a fine.
“Section 498(A) was introduced to stop the cruelty inflicted on a woman by her husband and family, through swift intervention by the state,” an India Today report quoted the bench of Justices BV Nagarathna and N Kotiswar Singh as saying on Tuesday.
In BNS, Section 86 has replaced Section 498(A) of the now-scrapped Indian Penal Code (IPC).
The judges added, “However, in recent years, there has been a notable rise in marital 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 498(A) as a tool for unleashing personal vendetta against the husband and his family by a wife.”
Further, the bench stated that making such “vague and generalised” allegations would lead to a “misuse” of the legal processes, besides encouraging the use of “arm-twisting tactics” by a wife and her kin.
Finally, the judges set aside the cruelty case filed against a man and his family by his spouse. Earlier, the Telangana high court had refused to dismiss the case.
