‘Growing tendency to misuse Section 498A’: Indian Supreme Court amid Bengaluru techie’s suicide

As more and more developments are beginning to emerge in the suicide case of a techie in the Indian city of Bengaluru, the Supreme Court expressed concerns over the growing tendency to misuse Section 498A of the Indian Penal Code (IPC). This section penalises cruelty by husbands and their relatives against married women.

A report by the news agency ANI on Tuesday (Dec 11) said that as the Supreme Court quashed a Section 498A case against a husband and his parents, a bench of Justices BV Nagarathna and N Kotiswar Singh said that the Section became a tool for unleashing personal vendetta against the husband and his family by a wife.

On Tuesday,  the Supreme Court bench said that the inclusion of Section 498A by way of an amendment was intended to curb cruelty inflicted on a woman by her husband and his family, ensuring swift intervention by 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 498A of the IPC as a tool for unleashing personal vendetta against the husband and his family by a wife,” the bench said. 

“Making vague and generalised allegations during matrimonial conflicts, if not scrutinised, will lead to the misuse of legal processes and encouragement for use of arm twisting tactics by a wife and/or her family,” the bench added.

It also pointed out that sometimes, recourse was being taken to invoke Section 498A against the husband and his family to seek compliance with the unreasonable demands of a 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 bench added.

The apex court’s remarks came as part of a verdict on a criminal appeal filed by the husband and his family against the Telangana High Court’s decision refusing to quash the domestic cruelty case registered by the wife against them.

The wife had registered a domestic cruelty case against her husband and in-laws after he filed a petition seeking the dissolution of the marriage.

The apex court said that the cases filed by the wife were to settle personal scores and grudges and the wife was misusing the provisions meant originally to protect her.

The techie based in Bengaluru died by suicide in the early hours of Monday (Dec 9). Speaking to ANI, Deputy Commissioner of Police (DCP), Whitefield, Shivakumar said that the man took the extreme step following harassment from his wife and her family.

The incident has opened up a debate on the misuse of the dowry law. 

(With inputs from agencies)