The Supreme Court has expressed concern over the rampant misuse of Section 498A of IPC by married women to harass their husbands and in-laws for selfish interests. The top court said it cannot be used as a “tool to unleash personal vendetta”. The law which penalises cruelty by husbands and their relatives against married women.
On Tuesday, a bench of Justices BV Nagarathna and N Kotiswar Singh 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, Bar And Bench reported. The apex court observation came after a Bengaluru techie Atul Subhash died by suicide, accusing his estranged wife and her family of filing false cases against him to extort money.
What is Section 498(A)?
Section 498(A), or Section 86 under the Bharatiya Nyaya Sanhita (BNS), protects married women from cruelty by the husband or his relatives. Under this law, the accused can be imprisoned for 3 years or more and may also be fined. The court said the introduction of Section 498(A) was aimed at stopping cruelty inflicted on a woman by her husband and his family, by ensuring swift intervention by the state.
READ | Bengaluru techie suicide: Police files FIR, says wife, her family harassed him
“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 scrutinised, 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 court said.
Link to article –
