Worrying Trend, Women Misusing Dowry and POCSO Laws Against Husbands as a Weapon: Supreme Court

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The Supreme Court of India noted a worrying rise in women allegedly misusing dowry, domestic violence, and POCSO laws by filing frivolous complaints, overshadowing genuine cases and using false accusations to pressure husbands and in-laws for settlements unfairly.

Supreme Court osaid it had noticed a worrying trend where women are allegedly misusing laws related to dowry harassment, domestic violence, and the POCSO Act by filing frivolous and vexatious complaints against their husbands and in-laws.

The court observed that genuine cases were being overshadowed by what it called the overwhelming number of false complaints, which it described as an arm-twisting tactic used to force more profitable settlements.

A bench of Justices B V Nagarathna and Ujjal Bhuyan remarked that estranged spouses are often confronted with a matrimonial bouquet of cases after relationships sour.

The court said,

“This set of cases frequently includes bogus and empty allegations and false claims of harassment, cruelty and marital hardships that, more often than not, contain little to no substance at all and are usually not backed by any material or other documentary evidence,”

The bench added,

“We also painfully take judicial cognisance of the fact that the courts of law are being misused and overburdened by such vague and vexatious litigations between spouses,”

The bench stated that many cases involve women genuinely seeking relief from their spouses’ actions, and that courts must separate genuine claims from false ones. It further said that judicial bodies should ensure that the rights and freedoms of innocent individuals are not unduly affected or removed through unscrupulous and baseless litigation.

The court also highlighted a particular pattern involving POCSO complaints, noting that,

“A recent trend in this regard is when the wife resorts to filing false complaints under the Pocso Act alleging that the husband… has committed wanton acts which are sexual in nature against the minor daughter. At the centre of this sort of litigation is a child who is often used by her mother against her father, against her will and wishes, so as to make false and vexatious complaints against her father… in order to exact revenge or as an arm-twisting tactic to obtain a higher monetary settlement or to simply harass,”

The Supreme Court issued its order while quashing criminal proceedings under POCSO that were filed by a girl against her father, uncle, and other family members. The court found no evidence supporting the allegations and observed that the girl had allegedly been tutored by her mother.

The bench said,

“Courts have to exercise utmost restraint while entertaining such suits and criminal proceedings as any misstep and overreach can have a cascading effect on the health, both mental and physical, of the parties involved and the sanctity of the institution of marriage itself,”

The Bench clarified that its remarks were limited to the facts of the case before it and should not be taken as weakening the seriousness of genuine cases involving sexual offences against women and children.

The husband and his family were represented by advocates L.S. Chaudhary, Ajay Chaudhary, Bharat Chaudhary, Vinita, Monika Chaudhary, Pratima Vishwakarma, Anjale Patel, and Sanjeev Malhotra.

The respondents were represented by advocates Vijendra Singh, Apurva Singh, Ashwin Lakra, and Nitesh Ranjan.




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