The Supreme Court of India has raised alarms over the growing misuse of Section 498A of the Indian Penal Code (IPC), which criminalizes cruelty by husbands and their relatives against married women. The Court emphasized that this provision, originally enacted to protect women from domestic violence and harassment, is increasingly being exploited to settle personal scores, with some women invoking it to force their husbands and in-laws into complying with unreasonable demands.
The Bench, comprising Justice BV Nagarathna and Justice N Kotiswar Singh, expressed concern over a “growing trend” of using Section 498A as a tool for personal vendetta, particularly in the context of rising matrimonial disputes. The Court noted that the provision has, in some cases, been misused to “unleash personal vendetta” against the husband and his family, with vague and generalized allegations made during the course of marital conflicts.
“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 498A of the IPC as a tool for unleashing personal vendetta against the husband and his family by a wife,” the Court observed in its judgment.
The case under consideration involved an appeal by a husband and his family against the Telangana High Court’s decision to refuse quashing of the cruelty and dowry harassment charges filed by the wife after the husband sought dissolution of their marriage. The Supreme Court, while quashing the case, remarked that the wife’s allegations were merely a “counterblast” to the husband’s petition for divorce and that her actions reflected an attempt to settle personal grievances.
The Court further clarified that it does not intend to discourage legitimate claims of cruelty under Section 498A. “We are not, for a moment, stating that any woman who has suffered cruelty in terms of what has been contemplated under Section 498A of the IPC should remain silent and forbear herself from making a complaint or initiating any criminal proceeding,” the judgment stated. However, it emphasized the need to avoid encouraging cases where Section 498A is misused for personal gain.
This latest ruling is not the first time the Supreme Court has expressed concerns about the misuse of Section 498A. The Court had previously remarked that the law is among the most abused provisions in India, highlighting the importance of ensuring its proper application to protect the interests of women while preventing its exploitation in situations driven by personal animosity.
