Supreme Court Warns Against Weaponizing Cruelty Laws for "Personal Vendettas"

Supreme Court Warns Against Weaponizing Cruelty Laws for "Personal Vendettas"

Titas Mukherjee     Dec 11, 2024 01:53 pm

The Supreme Court on Wednesday issued a strong warning against the misuse of the cruelty law in marital disputes. The apex court’s ruling comes amidst the outrage over the death by suicide of a Bengaluru-based techie, allegedly driven to the act by harassment from his wife and in-laws. The court stressed that the law should not be weaponized for “personal vendettas.”

"Section 498(A) was introduced to prevent cruelty inflicted on women by their husbands and their families, with swift state intervention," the bench of Justices BV Nagarathna and N Kotiswar Singh stated. However, they acknowledged an increasing misuse of this provision in recent years. “In recent years, there has been a notable rise in marital 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,” observed the top court.

The bench expressed concern that such vague and generalized allegations could result in the abuse of legal processes, contributing to a culture of "arm-twisting tactics" within families. Section 498(A) of the Indian Penal Code (IPC), which addresses cruelty towards women by their husbands and in-laws. Although this section has been replaced by Section 86 of the new Bharatiya Nyaya Sanhita (BNS) code, the court’s observations highlighted a growing trend of misuse.

The court’s observations came after the Telangana High Court had refused to dismiss a cruelty case filed by a wife against her husband and his family. The Supreme Court ultimately set aside the case, clarifying that their ruling did not suggest that women should remain silent if they suffer cruelty. Instead, they emphasized that provisions like Section 498(A) were meant to protect women from unlawful demands such as dowry, but should not be misused in retaliatory actions during marital disputes. "We should not encourage cases like the present one, where a complaint under Section 498(A) is filed as a counterblast to a petition for dissolution of marriage,” noted the court.​

Reported By: Titas Mukherjee     Place: Kolkata     Dec 11, 2024 01:53 pm




Place : Kolkata     Reported By : Titas Mukherjee     11-12-2024 01:53:29 pm

The Supreme Court on Wednesday issued a strong warning against the misuse of the cruelty law in marital disputes. The apex court’s ruling comes amidst the outrage over the death by suicide of a Bengaluru-based techie, allegedly driven to the act by harassment from his wife and in-laws. The court stressed that the law should not be weaponized for “personal vendettas.”

"Section 498(A) was introduced to prevent cruelty inflicted on women by their husbands and their families, with swift state intervention," the bench of Justices BV Nagarathna and N Kotiswar Singh stated. However, they acknowledged an increasing misuse of this provision in recent years. “In recent years, there has been a notable rise in marital 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,” observed the top court.

The bench expressed concern that such vague and generalized allegations could result in the abuse of legal processes, contributing to a culture of "arm-twisting tactics" within families. Section 498(A) of the Indian Penal Code (IPC), which addresses cruelty towards women by their husbands and in-laws. Although this section has been replaced by Section 86 of the new Bharatiya Nyaya Sanhita (BNS) code, the court’s observations highlighted a growing trend of misuse.

The court’s observations came after the Telangana High Court had refused to dismiss a cruelty case filed by a wife against her husband and his family. The Supreme Court ultimately set aside the case, clarifying that their ruling did not suggest that women should remain silent if they suffer cruelty. Instead, they emphasized that provisions like Section 498(A) were meant to protect women from unlawful demands such as dowry, but should not be misused in retaliatory actions during marital disputes. "We should not encourage cases like the present one, where a complaint under Section 498(A) is filed as a counterblast to a petition for dissolution of marriage,” noted the court.​

Top Posts

1.

"They want to collapse Bengal's Education System": Mamata Slams BJP and CPM over SC Verdict on WBSSC...

West Bengal Chief Minister Mamata Banerjee on Thursday launched a scathing attack on the Bharatiya J... Read more
2.

“Nothing but political opportunism…”: Uddhav Thackeray Criticizes BJP over Waqf Bill, Calls ou...

Shiv Sena (UBT) chief Uddhav Thackeray launched a sharp attack on the BJP, accusing it of using the ... Read more
3.

“Tainted Beyond Repair”: Supreme Court Upholds Calcutta HC Ruling, Cancels 25,000 WBSSC Appointm...

In a significant blow to the Mamata Banerjee-led government in West Bengal, the Supreme Court on Thu... Read more
4.

Opposition Criticises Centre's Handling of Manipur Crisis as President's Rule Gets Lok Sabha Nod...

The Lok Sabha on Thursday adopted a Statutory Resolution confirming the imposition of President's Ru... Read more
5.

Crime Branch Arrests Five with Seven Firearms in Mumbai; Possible Bishnoi Gang Link Suspected...

In a major crackdown, the Mumbai Police Crime Branch arrested five individuals with seven firearms a... Read more

LATEST NEWS

1.

"They want to collapse Bengal's Education System": Mamata Slams BJP and CPM over SC Verdict on WBSSC...

West Bengal Chief Minister Mamata Banerjee on Thursday launched a scathing attack on the Bharatiya J... Read more
2.

“Nothing but political opportunism…”: Uddhav Thackeray Criticizes BJP over Waqf Bill, Calls ou...

Shiv Sena (UBT) chief Uddhav Thackeray launched a sharp attack on the BJP, accusing it of using the ... Read more
3.

“Tainted Beyond Repair”: Supreme Court Upholds Calcutta HC Ruling, Cancels 25,000 WBSSC Appointm...

In a significant blow to the Mamata Banerjee-led government in West Bengal, the Supreme Court on Thu... Read more
4.

Opposition Criticises Centre's Handling of Manipur Crisis as President's Rule Gets Lok Sabha Nod...

The Lok Sabha on Thursday adopted a Statutory Resolution confirming the imposition of President's Ru... Read more
5.

Crime Branch Arrests Five with Seven Firearms in Mumbai; Possible Bishnoi Gang Link Suspected...

In a major crackdown, the Mumbai Police Crime Branch arrested five individuals with seven firearms a... Read more
6.

Lok Sabha Passes Waqf Amendment Bill 2025 After Marathon Debate Amidst Fierce Opposition...

The Lok Sabha on Thursday passed the contentious Waqf Amendment Bill 2025 after more than 10 hours o... Read more

Top Videos