The Supreme Court recently addressed concerns about misusing the cruelty law in marital disputes. This came after the tragic death of a Bengaluru techie, who allegedly faced harassment from his wife and in-laws. In a separate case, the court warned that the cruelty law should not be used as a “personal tool to unleash vendetta” in disputes between spouses.
The court explained that Section 498(A) was created to protect women from cruelty by their husbands and in-laws. “Section 498(A) was introduced to stop the cruelty inflicted on a woman by her husband and his family, through swift intervention by the state,” stated Justices BV Nagarathna and N Kotiswar Singh. However, recent trends in marital disputes show a growing misuse of this provision.
Section 498(A) of the Indian Penal Code (IPC) has now been abolished. It has been replaced by Section 86 in the new Bharatiya Nyaya Sanhita (BNS), which covers similar crimes. Under Section 86, offenders may face up to three years in prison and a fine.
Rising Misuse of the Law
Moreover, the judges highlighted that marital disputes have been increasing across the country. As a result, there has been a rise in the misuse of Section 498(A). In some instances, women have used it to take personal revenge on their husbands and in-laws.
Additionally, the bench pointed out that vague or generalized allegations could lead to the misuse of legal processes. This, in turn, may encourage “arm-twisting tactics” by the wife and her family.
Court’s Ruling
In light of these concerns, the court set aside a cruelty case filed by a wife against her husband and his family. While the Telangana High Court had previously refused to dismiss the case, the Supreme Court stressed the need to ensure that legal provisions are used fairly, not for personal revenge.
