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.
