The Supreme Court today pointed out that Section 498A of the Indian Penal Code, which deals with cruelty against married women, along with the Domestic Violence Act, are some of the most misused legal provisions. The observation came from a bench headed by Justice BR Gavai, with Justices Prashant Kumar Mishra and KV Vishwanathan, during a hearing on a matrimonial dispute over maintenance.
“In such matters, getting freedom is the best thing,” remarked Justice Gavai, recalling a case where a man was ordered to pay Rs 50 lakh to his estranged wife, despite never having lived together as a married couple.
“In Nagpur, I had seen a case where a boy who went to the US, (and) for an unconsummated marriage, he had to pay Rs 50 lakhs. Not even one day of living together, that’s the arrangement. I have openly said Domestic Violence, 498A are among the most abused provisions. My brothers may agree,” Justice Gavai stated.
Section 498A has long been a topic of debate, with many critics arguing that women often misuse the provision to wrongly implicate their husbands and in-laws in criminal cases. Courts have, at times, voiced concerns over this misuse.
Last month, the Bombay High Court expressed concerns over the misuse of Section 498A, pointing out that even grandparents and bedridden individuals were being dragged into such cases. While the court expressed sympathy for genuine victims of marital cruelty, it also noted that the law is frequently abused. The court suggested that many cases could be settled if Section 498A of the IPC were made compoundable.
In May, the Kerala High Court observed that wives involved in matrimonial disputes often file criminal complaints against husbands and their families simply to take revenge.
In an order in August last year, the Bombay High Court had also voiced its concern over estranged wives misusing the Domestic Violence Act to harass their husbands and in-laws.
Similarly, in July 2023, the Jharkhand High Court stated that while Section 498A was initially designed to address cruelty against married women, it is now being misused.
The Indian Penal Code has now been replaced by the Bharatiya Nyay Sanhita (BNS), 2023, with the corresponding provision to Section 498A now under Section 85 of the BNS.
