Supreme Court warns against misuse of cruelty law for settling personal scores against husband
The apex court made this observation after setting aside a cruelty case filed under Section 498(A) of the IPC, which the Telangana High Court had refused to dismiss previously
New Delhi: The Supreme Court has given a strong warning against the misuse of laws in marital dispute cases. The court specifically pointed out to addressing complaints filed by women against their husbands and families. The court stated that legal provisions should not be used as a "tool to unleash personal vendetta".
The apex court made this observation after setting aside a cruelty case filed under Section 498(A) of the IPC, which the Telangana High Court had refused to dismiss previously.
Section 498(A) of the IPC, part of the Bharatiya Nyaya Sanhita (BNS), was framed for protection of married women from cruelty by their husbands or in-laws. The law provides for imprisonment for a term of 3 years or more, along with a possible fine for the accused.
In the above case, the Supreme Court ruled in favour of the man and his family, who had been accused of cruelty, and overturned the High Court’s decision to allow the case to proceed.
The woman filed a complaint after her husband petitioned for ending their marriage. The Supreme Court underline that merely naming family members in such cases without presenting concrete evidence of their involvement cannot serve as the basis for criminal prosecution.
In recent times, there has been an increase in matrimonial disputes and tensions within marriages following which there has been an increasing misuse of provisions like Section 498(A) as a means for a married woman to quench personal vendetta against the husband and his family.
In its ruling, the Supreme Court emphasized the need to uphold the real intention behind the law and safeguarding against its potential abuse.
The Court pointed out that it has consistently cautioned against prosecuting a husband and his family in such cases unless there is a clear prima facie case against them. In this particular case, the Supreme Court found that the Telangana High Court had "committed a grave error" by refusing to dismiss the case.