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Home Law

Cruelty Law being misused by women for personal vendetta against husband: Supreme Court

The Supreme Court has cautioned against the abuse of the legal system in marital conflict cases filed by women against their husbands and relatives, stating that it should not be employed as a "means to pursue personal revenge."

Prashant Bhardwaj by Prashant Bhardwaj
11 December 2024
in Law
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Cruelty Law being misused by women for personal vendetta against husband: Supreme Court
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The Supreme Court has cautioned against the abuse of the legal system in marital conflict cases filed by women against their husbands and relatives, stating that it should not be employed as a “means to pursue personal revenge.”

A panel of Justices BV Nagarathna and N Kotiswar Singh remarked on Tuesday while overturning a cruelty case lodged against a man and his relatives under Section 498(A), which the Telangana High Court had previously declined to dismiss.

Section 498(A), or Section 86 of the Bharatiya Nyaya Sanhita (BNS), safeguards married women against cruelty inflicted by their husbands or their in-laws. According to this law, the offender may face imprisonment for three years or more and could also be subject to a fine.

The woman initiated the case after her husband submitted a request for the termination of their marriage.

During the hearing, the Supreme Court stated that simply naming family members in such situations without offering proof of their supposed participation cannot serve as grounds for criminal charges.

The court stated that the implementation of Section 498(A) was intended to prevent abuse directed at a woman by her spouse and in-laws, by guaranteeing prompt action from the state.

“However, 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,” it said.

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The highest court also stated that presenting “vague and general” claims in these situations could “result in the abuse of legal procedures and promote the use of coercive strategies by a wife and her relatives.”

The Supreme Court stated that the Telangana High Court “made a serious mistake” by not dismissing the case, noting it was initiated by the wife with hidden motives to resolve personal conflicts and resentments.

The highest court additionally noted that presenting “vague and generalized” accusations in these situations could “result in the abuse of legal proceedings and promote the application of coercive tactics by a wife and her family.”

Tags: Cruelty lawSupreme Court
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