Supreme Court flags misuse of dowry laws

New Delhi, Dec 11: The Supreme Court of India has expressed concern over the misuse of Section 498A of the Indian Penal Code (IPC), a law originally intended to protect married women from cruelty by their husbands and in-laws.

The Court highlighted a disturbing trend of the provision being used by some women as a tool to settle personal scores or compel husbands to comply with unreasonable demands, Bar and Bench reported.

“Recourse is sometimes taken to invoke Section 498A of the IPC against the husband and his family in order to seek compliance with the unreasonable demands of a wife,” a Bench of Justice BV Nagarathna and Justice N Kotiswar Singh observed.

The Court noted that while Section 498A plays a vital role in addressing domestic violence, its misuse in matrimonial disputes is growing. “In recent years, there has been a notable rise in such disputes, leading to vague and generalized allegations that encourage the misuse of legal processes and arm-twisting tactics,” the judgment stated.

The remarks came during the hearing of a case in which the Telangana High Court had refused to quash dowry and cruelty allegations filed by a wife against her husband and in-laws. The Supreme Court quashed the cases, ruling that they were lodged to retaliate against the husband after he sought to dissolve the marriage.

The Bench emphasised that the judgment does not discourage genuine victims of cruelty from seeking justice. “We must not encourage cases like the present one, filed as a counterblast to a petition for dissolution of marriage,” the Court said.

The misuse of Section 498A is not new. In Bengaluru, a techie’s suicide allegedly caused by harassment from his wife and her family recently made headlines. His brother alleged that men lack legal protection in such cases and called for reforms. “I want justice for my brother. Laws should be made for men too, as they also suffer from harassment,” he told Hindustan Times.

Actor-turned-politician Kangana Ranaut also commented on the incident, condemning “fake feminism” and the misuse of laws to extort money from husbands as reported by the Hindustan Times. “This case is heartbreaking. Extortion of crores of rupees was being done. However, in most marriage cases, men are at fault, but these mistakes need attention,” she said.

Senior Advocate Vikas Pahwa told ANI that Section 498A has often been misused to extort money from husbands. “False allegations are not only filed against the husband but also implicate relatives, including in-laws. While genuine cases exist, many are filed to pressure husbands into settling matters financially,” he said. The issue continues to spark debate over the need for reforms in matrimonial laws to ensure fairness for all parties involved.