Section 498A, domestic violence act among most abused laws, says top court hearing a matrimonial dispute
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The Supreme Court on Wednesday observed that Section 498A of the Indian Penal Code (IPC), which addresses cruelty to married women, and the Domestic Violence Act are among the most frequently misused laws. This comment was made by a Bench led by Justice BR Gavai, along with Justices Prashant Kumar Mishra and KV Vishwanathan, during a hearing on a matrimonial dispute over maintenance.
Justice Gavai highlighted the issue by recounting a case where a man was forced to pay ₹50 lakhs to his estranged wife, despite the fact that they had never lived together as a married couple. He remarked, "In such matters, getting freedom is the best thing," emphasizing the unfairness in certain matrimonial disputes.
He further explained how Section 498A and the Domestic Violence Act are often misused. He cited an example from Nagpur, where a man had to pay a significant sum for a marriage that was never consummated. He added that such misuse of laws has become a recurring issue in the legal system, with his colleagues on the Bench likely agreeing with his view.
The misuse of Section 498A has been a subject of debate for years. Critics argue that the law, initially intended to protect women from cruelty, is now often used to wrongfully entangle husbands and their families in legal cases. Courts, too, have expressed concern over this misuse. For instance, the Bombay High Court recently highlighted cases where elderly and bedridden family members were implicated under Section 498A. Similarly, the Kerala High Court and the Jharkhand High Court have flagged instances of wives using these laws to exact revenge on their husbands and in-laws.
While courts remain sympathetic to genuine victims of marital cruelty, they have pointed out that the law is often wielded unfairly. Many judges have suggested making the offence under Section 498A compoundable to prevent its misuse. As part of broader legal reforms, the IPC has been replaced by the Bharatiya Nyay Sanhita (BNS), 2023, and the corresponding provision to Section 498A has now been incorporated under Section 85 of the BNS.
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