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The Supreme Court has 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 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.
Section 498(A), or Section 86 under the Bharatiya Nyaya Sanhita (BNS), protects married women from being subjected to cruelty by the husband or his relatives. Under this law, the accused can be imprisoned for 3 years and above and may also be liable for a fine.
The woman lodged the case after her husband filed a petition seeking the dissolution of their marriage.
During the hearing, the Supreme Court said just a mere reference to the names of family members in such cases without providing evidence of their alleged involvement, cannot form the basis for criminal prosecution.
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.
“However, in recent years, as there has 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 498(A) as a tool for unleashing personal vendetta against the husband and his family by a wife,” it said.
The top court further said that making “vague and generalised” allegations in such cases would “lead to the misuse of legal processes and encourage the use of arm-twisting tactics by a wife and her family”.
“Sometimes, recourse is taken to invoke Section 498(A) against the husband and his family in order to seek compliance with the unreasonable demands of a wife. Consequently, this court has, time and again, cautioned against prosecuting the husband and his family in the absence of a clear prima facie case against them.”
The Supreme Court also said that the Telangana High Court “committed a grave error” for not rejecting the case, saying it was filed by the wife with ulterior motives to settle personal scores and grudges.
