Today(11th Sept),The Supreme Court of India, during a matrimonial dispute hearing, highlighted that Section 498A of the IPC and the Domestic Violence Act have become some of the most abused laws in the country. The observation was made by Justice BR Gavai and his Bench, focusing on the misuse of these legal provisions.
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NEW DELHI: Today(11th Sept), the Supreme Court of India, noted that Section 498A of the Indian Penal Code (IPC), which deals with cruelty against married women, along with the provisions of the Domestic Violence Act, have become some of the most abused laws in the country. The remark was made during a hearing in a matrimonial dispute related to maintenance and has brought the focus back to the alleged misuse of these legal provisions.
The case was heard by a three-judge Bench led by Justice BR Gavai, with Justices Prashant Kumar Mishra and KV Vishwanathan as part of the Bench. While examining the intricacies of the case, Justice Gavai remarked–
“In such matters, obtaining freedom is the best outcome.”
highlighting the challenges faced by individuals involved in long-drawn matrimonial disputes.
Justice Gavai further elaborated on his stance by recalling a past case he had encountered during his judicial career. In that particular case, a man was forced to pay a large sum of Rs.50 lakhs in what was assumed to be either alimony or maintenance to his estranged wife, despite the fact that the couple had never lived together.
Justice Gavai shared the details, stating-
“In Nagpur, I came across a case where a man who moved to the US had to pay Rs. 50 lakhs for an unconsummated marriage, despite not having lived together even for a single day.”
Expressing his candid views on the matter, Justice Gavai openly stated–
“I have openly said Domestic Violence, 498A are among the most abused provisions. My brothers may agree.”
His remark emphasizes a sentiment that has been echoed by various sections of society and even judicial bodies in recent times — the potential for misuse of laws meant to protect women from cruelty and domestic violence.
Section 498A and Its Misuse
Section 498A of the Indian Penal Code was originally introduced with the intention of providing married women legal recourse in cases of cruelty inflicted by their husbands or in-laws. The law was considered a significant step toward safeguarding the rights of women, especially in situations involving dowry-related harassment or physical abuse.
However, over time, this provision has also garnered criticism due to its alleged misuse. Critics of Section 498A argue that some women are using the law to file frivolous or false cases, thereby wrongfully entangling their husbands and even extended family members in lengthy and stressful legal battles.
This concern has not gone unnoticed by the judiciary. In July 2023, the Jharkhand High Court highlighted that while Section 498A was introduced with a commendable objective, it is now being used as a tool to settle personal scores or exact vengeance. The court stated that –
“Although Section 498A was originally introduced with the noble intention of addressing cruelty by husbands or their relatives towards married women, it is now being misused.”
A similar sentiment was echoed by the Bombay High Court in an August 2022 judgment, where it voiced concerns about the growing trend of estranged wives misusing the provisions of the Protection of Women from Domestic Violence Act. The court pointed out that in several cases, women were using the law as a means of harassment against their husbands and in-laws, often with little to no evidence of genuine cruelty or abuse.
ALSO READ: Some Wives Initiate Section 498A Cases Against Husband and His Family to Seek Vengeance: Kerala HC
In another observation by the Bombay High Court, the court expressed sympathy for genuine victims of marital cruelty but also flagged concerns over misuse, stating that even elderly grandparents and bedridden individuals were being implicated in Section 498A cases. This led to the court calling for a reevaluation of how such cases are handled, especially suggesting that –
“Thousands of cases could be resolved if the offense under Section 498A of the IPC were made compoundable.”
Pattern of Misuse Across Courts
Courts across India have repeatedly raised concerns about the misuse of these provisions. In May 2023, the Kerala High Court expressed its discontent with the growing trend of wives involved in matrimonial disputes using criminal proceedings under Section 498A as a tool for vengeance. The court pointed out that the criminal justice system was being exploited in ways that went beyond the law’s original purpose of protecting women from genuine instances of cruelty.
These observations have fueled calls for reforms in how matrimonial disputes are handled legally. Many legal experts argue that while Section 498A and the Domestic Violence Act are crucial for protecting women from actual instances of abuse, there must be safeguards in place to prevent their misuse.
The Transition to Bharatiya Nyay Sanhita
The Indian Penal Code (IPC) has now been replaced by the Bharatiya Nyay Sanhita (BNS), 2023. In this new code, a provision corresponding to Section 498A of the IPC has been incorporated under Section 85 of the BNS. While the core elements of the law remain aimed at addressing cruelty towards married women, there are calls for a more balanced approach that prevents its misuse while ensuring justice for genuine victims.