Amid Atul Subhash case, SC flags misuse of Section 498A

Amid a raging debate over crimes against men in the backdrop of Atul Subhash harassment leading to suicide case, the Supreme Court too has flaged the misuse of cruelty laws in marital disputes. The apex court observed that such laws should not be used as a tool to unleash personal vendetta against a husband and his family. The remark came while the court set aside a cruelty case filed by a woman against her husband and his family, an order that was earlier confirmed by the Telangana High Court.

A bench of Justices BV Nagarathna and N Kotiswar Singh made the observation while quashing a case filed under Section 498(A) of the Indian Penal Code, which had been refused for dismissal by the High Court. Section 498(A) protects married women from cruelty by their husbands or in-laws and provides for imprisonment of up to three years, along with fines for those convicted.

The woman had filed the case when her husband had filed for the dissolution of their marriage. During the hearing, the apex Court pointed out that merely naming family members in such cases cannot serve as grounds for criminal prosecution, without evidence of their involvement. The apex court also noted that Section 498(A) was introduced to safeguard women from cruelty, ensuring swift state intervention. However, an increase in matrimonial disputes has raised concern over the increasing misuse of this provision to settle personal scores.

The court further held that such cases may be prone to the abuse of legal processes and the coercive tactics by wives and their families, since vague and generalized allegations can make such cases vulnerable to misuse. The court has also pointed out that Section 498(A) is misused often to compel a husband to meet unreasonable demands of his wife. The Supreme Court has repeatedly cautioned that husbands and their families must not be prosecuted without prima facie case against them.

“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 generalized allegations during matrimonial conflicts, if not scrutinized, 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 judgment said.

The honurable court also criticized the Telangana High Court for not dismissing it, saying it was a “grave error,” and said it was filed by the wife “with ulterior motives to meet personal grievances.”