498A (Cruelty Law) Being Misused For Personal Vendetta Against Husband: Supreme Court

The Supreme Court warned against the misuse of the law in marital dispute cases lodged by women against their husbands and families, saying that it cannot be used as a “tool to unleash personal vendetta”. A bench of Justices BV Nagarathna and N Kotiswar Singh on Tuesday (Dec 10) made the observation while setting aside a cruelty case filed against a man and his family under Section 498(A), which the Telangana High Court had refused to dismiss earlier.

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498A (Cruelty Law) Being Misused For Personal Vendetta Against Husband: Supreme Court

NEW DELHI: The Supreme Court on Tuesday raised serious concerns about the growing misuse of Section 498A of the Indian Penal Code (IPC), a provision originally enacted to protect married women from cruelty and harassment by their husbands and in-laws.

A Bench comprising Justice BV Nagarathna and Justice N Kotiswar Singh highlighted how the legislation, aimed at addressing domestic violence, has sometimes been weaponized to impose unreasonable demands on husbands and their families.

“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,”

-the Court remarked.

The Bench emphasized that the misuse of this provision has become a disturbing trend, turning what was intended as a shield for women into a tool for personal vendetta.

“In recent years, as there have 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. Making vague and generalised allegations during matrimonial conflicts, if not scrutinized, will lead to the misuse of legal processes and an encouragement for use of arm twisting tactics by a wife and/or her family,”

-the judgment stated.

The observations came while the Court was quashing cases of cruelty and dowry harassment lodged by a wife against her husband and his family members. The allegations surfaced after the husband filed a plea seeking dissolution of the marriage. The Court determined that the wife had used the legal provisions to settle personal grudges.

Misuse of 498A: A Case in Point

The case under review involved an appeal by the husband and his family challenging the Telangana High Court’s refusal to quash the charges filed against them.

According to the Supreme Court, the wife’s actions were a reaction to the dissolution plea filed by her husband, and her complaint was not genuinely aligned with the intent of Section 498A.

“We are not, for a moment, stating that any woman who has suffered cruelty in terms of what has been contemplated under Section 498A of the IPC should remain silent and forbear herself from making a complaint or initiating any criminal proceeding. That is not the intention of our aforesaid observations but we should not encourage a case like as in the present one, where as a counterblast to the petition for dissolution of marriage sought by the first appellant-husband of the second respondent herein, a complaint under Section 498A of the IPC is lodged by the latter,”

-the Bench clarified while quashing the charges.

The legal team for the appellants included Advocates Shubham Kumar, Anubhav Jain, Nayan Saini, Dhruv Goyal, Honey Verma, Rahul Mohod, Sanjay Gyan, Varnit Sharma, and Chand Qureshi.

The respondents were represented by Advocates Devina Sehgal and S Uday Bhanu.

Judicial Perspective on Section 498A

This is not the first time the Supreme Court has flagged the misuse of Section 498A. In previous instances, the Court has acknowledged that while the provision remains crucial for addressing genuine cases of domestic abuse, its rampant misuse has rendered it one of the most abused laws in the country.

The ruling reiterates the need for careful scrutiny of cases filed under Section 498A to ensure that the provision is not exploited as a tool for personal revenge. By calling for balanced and judicious use of the law, the Court underscores the importance of preserving the sanctity of legal protections while preventing their misuse.

Through its observations, the Supreme Court sends a strong message to ensure the legal framework serves its intended purpose and does not become a means of perpetuating injustice under the guise of addressing it.

CASE TTILE:
Dara Lakshmi Narayana and Others v. State of Telangana and Another.

Click Here to Read Previous Reports on Section 498A

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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