SC flags misuse of Section 498A, Domestic Violence Act
New Delhi: The Supreme Court on Wednesday observed that Section 498A of the Indian Penal Code (IPC), which deals with cruelty to married women, and provisions under the Domestic Violence Act, are among the most misused laws in India.
The observation came from a Bench led by Justice B R Gavai, accompanied by Justices Prashant Kumar Mishra and K V Vishwanathan, during a hearing on a matrimonial dispute concerning maintenance.
“In such matters, getting freedom is the best thing,” Justice Gavai remarked, reflecting on the emotional and financial toll of matrimonial disputes. He recounted a case where a man was compelled to pay Rs 50 lakh to his estranged wife despite the couple never living together after marriage.
Justice Gavai elaborated: “In Nagpur, I had seen a case where a boy went to the
US, and for an unconsummated marriage, he had to pay Rs 50 lakh.
Not even one day of living together, that’s the arrangement. I have openly said Domestic Violence and Section 498A are among the most abused provisions. My brothers may agree.”
The misuse of Section 498A has been a subject of concern for many years.
Critics argue that while the provision was designed to protect women from cruelty, it is often exploited to entangle husbands and in-laws in frivolous criminal cases. Courts across the country have expressed concern over the frequent misuse of the law.
In a related case last month, the Bombay High Court highlighted the misuse of Section 498A, noting that even grandparents and bedridden individuals are implicated in false cases.
The court acknowledged that while the law is vital to protect genuine victims, its rampant misuse calls for reforms.
The Kerala High Court also observed in May this year that wives involved in matrimonial disputes often initiate criminal proceedings as a means of revenge.
Section 498A has been replaced by Section 85 in the Bharatiya Nyay Sanhita (BNS), 2023, which now governs these issues under India’s updated legal framework.
