Supreme Court
New Delhi: While the suicide of a Bengaluru IT professional due to alleged harassment by his wife and in-laws is in the news, a separate case in the Supreme Court is alleging misuse of the cruelty law in matrimonial dispute cases filed by women against their husbands. Warned against. The Supreme Court on Tuesday said courts should be careful to prevent misuse of the law in dowry harassment cases and save innocent family members from unnecessary trouble given the tendency to implicate the husband’s relatives. Justice B.V. Nagarathna and Justice N. Kotishwar Singh’s bench said that the mention of the names of the family members should be barred at the outset without specific allegations indicating active involvement of the family members in the criminal case arising out of matrimonial dispute.
Tendency to implicate all the husband’s family members
The Supreme Court bench said, “It is a well-known fact from judicial experience that in the event of a matrimonial dispute, there is often a tendency to implicate all the family members of the husband. General and broad allegations without concrete evidence or specific allegations cannot form the basis of criminal prosecution.” Therefore, the apex court said that in such cases the courts have to prevent abuse of legal provisions and legal process and protect innocent family members. Caution should be taken to avoid unnecessary trouble.
The Supreme Court made this observation while quashing the Telangana High Court order which had refused to quash a dowry harassment case filed by a woman against her husband, her parents and other family members. The apex court said the purpose of inclusion of Section 498A in the Indian Penal Code (IPC) through amendment is to prevent cruelty to a woman by her husband and his family members, so as to ensure prompt intervention by the State.
Significant increase in marital disputes
“However, in recent years there has been a significant increase in matrimonial disputes across the country, as well as increasing discord and tension within the institution of marriage, as a result of which section 498A of the Indian Penal Code (husband against wife or There is a growing tendency to misuse provisions such as cruelty by his relatives) to perpetuate personal vendetta by the wife against the husband and his family.” The Court said that if vague and general allegations are investigated during matrimonial disputes, If not done, then legal There will be abuse of processes and pressure tactics by the wife and her family will be encouraged. It also said, “We are not for a moment suggesting that any woman who faces cruelty under Section 498A of the IPC should remain silent and restrain herself from making a complaint or initiating any criminal proceedings.” ‘
The bench said that (all it has to say is) that such cases should not be promoted. The bench said that the purpose of inclusion of Section 498A is primarily to protect women who are subjected to cruelty in the in-laws’ house due to illegal demand of any property as dowry. “However, sometimes it is misused, as happened in the present case,” the bench said. Quashing the FIR, the top court said the reason for the personal vendetta by the wife against the husband and his family members and The complaint was lodged due to enmity. (Language)
