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Supreme Court Flags Misuse Of Cruelty Law In Matrimonial Disputes: 'Tool To Unleash Personal Vendetta'

The Supreme Court has cautioned against the misuse of the law in marital dispute cases, particularly those filed by women against their husbands and families, stressing that it should not be used as a "tool to unleash personal vendetta."

A bench consisting of Justices BV Nagarathna and N Kotiswar Singh made this remark on Tuesday while overturning a cruelty case filed under Section 498(A), which had earlier been upheld by the Telangana High Court.

SC Flags Misuse Of Cruelty Law

Section 498(A) of the Indian Penal Code, also referred to as Section 86 under the Bharatiya Nyaya Sanhita (BNS), protects married women from cruelty by their husbands or their in-laws. Those found guilty under this law can face imprisonment of three years or more and may be subject to a fine.

The case had been filed by the wife after her husband petitioned for the dissolution of their marriage. During the hearing, the Supreme Court noted that simply naming family members in such cases without presenting evidence of their involvement could not form the basis for a criminal prosecution.

The court remarked that the introduction of Section 498(A) was intended to prevent cruelty against women by their husbands and their families, with the state stepping in swiftly.

However, it observed, "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 498(A) as a tool for unleashing personal vendetta against the husband and his family by a wife."

The Supreme Court further warned that making "vague and generalised" allegations in such cases could "lead to the misuse of legal processes and encourage the use of arm-twisting tactics by a wife and her family."

It also highlighted that sometimes Section 498(A) is invoked to coerce the husband into complying with unreasonable demands from the wife.

"Consequently, this court has, time and again, cautioned against prosecuting the husband and his family in the absence of a clear prima facie case against them," the court added.

The court criticised the Telangana High Court for not dismissing the case, stating that it was filed by the wife with the intention of settling personal scores.

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