New Delhi: The Supreme Court on Tuesday urged caution in dowry harassment cases. It highlighted the need to prevent misuse of the law and unnecessary harassment of innocent family members. The bench noted a growing trend of using the judicial system as a “tool for unleashing personal vendetta against the husband and his family” by some wives.
The remarks come amid a heated debate on misuse of dowry laws following a Bengaluru man’s suicide. Atul Subhash, 34, recorded an 80-minute video before his death, accusing his estranged wife Nikita Singhania and her family of filing multiple cases to extort money. In a 24-page note, he also criticised the justice system for withholding justice.
The apex court’s remark came as it overturned a Telangana High Court order. The High Court had refused to dismiss a dowry harassment case against a man, his parents, and other family members. A bench of Justices B V Nagarathna and N Kotiswar Singh stated that simply naming family members in a criminal case from a marital dispute, without clear proof of their involvement, should be stopped early.
“It is a well-recognised fact, borne out of judicial experience, that there is often a tendency to implicate all the members of the husband’s family when domestic disputes arise out of matrimonial discord. Such generalised and sweeping accusations unsupported by concrete evidence or particularised allegations cannot form the basis for criminal prosecution,” PTI quoted the justices’ observation. The top court asserted that courts must exercise caution in dealing with such cases of unnecessary harassment.
The Supreme Court stated that Section 498A of the IPC was introduced to tackle cruelty faced by women from their husbands and in-laws. “However, in recent years, as there have 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 (cruelty by husband or his relatives against wife) of the IPC as a tool for unleashing personal vendetta against the husband and his family by a wife,” the bench said.
However, it added, “We are not, for a moment, stating that any woman who has suffered cruelty in terms of what has been contemplated under Section 498A of the IPC should remain silent and forbear herself from making a complaint or initiating any criminal proceeding.”
The Supreme Court dismissed the FIR, stating it was filed by the wife to settle personal grudges against her husband and his family. The court noted the complaint was driven by ulterior motives.
“A bare perusal of the FIR shows that the allegations made by the wife are vague and omnibus. Other than claiming that the husband harassed her and that appellant in-laws instigated him to do so, the wife has not provided any specific details or described any particular instance of harassment. She has also not mentioned the time, date, place, or manner in which the alleged harassment occurred. Therefore, the FIR lacks concrete and precise allegations,” the bench stated.
(With PTI inputs)
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