On Wednesday, the Supreme Court noted that Section 498A of the Indian Penal Code, which addresses cruelty towards married women, along with the provisions of the Domestic Violence Act, are among the most frequently misused laws.
The observation was made by a Bench led by Justice BR Gavai, with Justices Prashant Kumar Mishra and KV Vishwanathan, while addressing a matrimonial dispute related to maintenance.
During the hearing, Justice Gavai remarked, "In such matters, gaining freedom is the best outcome."
He clarified his comment by recounting a case in which a man was ordered to pay ₹50 lakhs (presumably as maintenance or alimony) to his estranged wife, despite the couple never having lived together for even a single day as husband and wife.
"In Nagpur, I had seen (a case) where boy who went to US, (and) for an unconsummated marriage he had to pay Rs 50 lakhs. Not even one day of living together, that's the arrangement. I have openly said Domestic Violence, 498A are among the most abused provisions. My brothers may agree," Justice Gavai said.
The Court expressed sympathy for genuine victims of marital cruelty but noted that the law intended to address this issue is often misused. It suggested that many cases could be resolved if the offence under Section 498A of the IPC were made compoundable.
In May this year, the Kerala High Court observed that wives involved in matrimonial disputes frequently initiate such criminal proceedings against their husbands and their families solely for revenge.
Similarly, in August last year, the Bombay High Court raised concerns about the misuse of the Protection of Women from Domestic Violence Act by estranged wives to harass their husbands and in-laws.
In July 2023, the Jharkhand High Court highlighted that, although Section 498A was introduced with the noble aim of addressing cruelty by husbands or their relatives towards married women, it has increasingly been misused.
Notably, the Indian Penal Code (IPC) has been replaced by the Bharatiya Nyay Sanhita (BNS), 2023, which includes a provision analogous to Section 498A of the IPC. This new provision is found in Section 85 of the BNS.
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