SC flags misuse of section 498A, domestic violence laws in matrimonial cases

On Wednesday, the Supreme Court expressed concern over the frequent misuse of Section 498A of the Indian Penal Code, which addresses cruelty towards married women, and provisions of the Domestic Violence Act. These remarks were made during a hearing of a matrimonial dispute related to maintenance.

The bench, led by Justice BR Gavai and including Justices Prashant Kumar Mishra and KV Vishwanathan, reflected on the recurring issue of these laws being misapplied in various cases. Justice Gavai recounted a particular instance where a man was ordered to pay ₹50 lakh to his estranged wife despite their marriage never being consummated. "In some cases, achieving freedom seems to be the best outcome," he noted, sharing that the couple had never lived together, yet the hefty payment was mandated.

Justice Gavai further commented on the growing trend of misusing laws meant to protect women, suggesting that both Section 498A and the Domestic Violence Act have seen extensive abuse. He added that this misuse often draws innocent people, including husbands and their families, into legal battles.

In recent months, other courts have also weighed in on the misuse of these provisions. The Bombay High Court recently highlighted cases where even elderly and bedridden family members were implicated under Section 498A. While emphasizing the importance of safeguarding genuine victims of cruelty, the court noted that these laws are increasingly being used as tools for harassment. The court suggested that making the offence under Section 498A compoundable could lead to a quicker resolution of numerous cases.

Earlier this year, the Kerala High Court remarked that wives involved in marital disputes often invoke criminal provisions as a way to retaliate against their husbands and in-laws. Similarly, the Jharkhand High Court, in July 2023, observed that while Section 498A was originally intended to penalize cruelty, it is now frequently misused for personal gain.

Recently, the Indian Penal Code was replaced by the Bharatiya Nyay Sanhita (BNS), 2023. A similar provision to Section 498A has now been incorporated under Section 85 of the new BNS, aiming to address the same issues of cruelty in marriages while responding to concerns of misuse.