The Delhi High Court has raised concerns over the misuse of Section 498A of the Indian Penal Code (IPC), which was originally enacted to protect married women from cruelty and dowry harassment. The Court observed that while the law serves an important purpose, it is increasingly being used as a tool to harass husbands and their families.
The ruling came while quashing an FIR filed in 2017 by a woman against her estranged husband and his family members, accusing them of dowry harassment and cruelty. Justice Amit Mahajan noted that “Courts have taken note of the increasing tendency of implicating the husband and his family in matrimonial litigation in a number of cases.”
The couple had married in 2011 but had been living separately since 2014. The woman lodged the FIR three years later, claiming that she had suffered harassment, torture for dowry, and even a miscarriage due to the cruelty. However, the husband denied the allegations and sought quashing of the case.
The Court found that the allegations were “vague” and appeared to be an “afterthought and a counterblast to the divorce petition moved by the husband.” It ruled that “continuation of proceedings would amount to an abuse of the process of law.”
While acknowledging the “deeply rooted social evil of greed for dowry”, the Court also emphasized that some cases were filed “in the heat of the moment on the advice of counsel by misconstruing actual events.” However, it clarified that this does not mean genuine cases of harassment do not exist.
This ruling highlights the growing debate around the misuse of Section 498A IPC, a provision originally meant to protect victims of domestic abuse but increasingly being cited in cases where the allegations do not hold ground.
Case: Ajay vs State & Anr – Available on LAWFYI.IO
