Supreme Court on Marital Dispute

Supreme Court in marital disputes Section 498A Gave strict warning against misuse. The court said that this law cannot be used as a weapon of “personal vendetta”. This comment of the Supreme Court husband and in-laws This has come in view of the increasing misuse in the cases registered against.

Telangana High Court’s decision reversed

justice Biwi Nagarathna And N. Kotishwar Singh The bench made this comment during the hearing of a case on Tuesday. He dismissed a cruelty case registered under section 498A, which was earlier Telangana High Court Had refused to dismiss.

Section 498A: Protection of rights of married women

• Section 498A of the Indian Penal Code (IPC) Or Section 86 of the Indian Judicial Code (BNS) The objective of which is to free women from the oppression they face at the hands of their husbands and in-laws. save from cruelty Is.
• Under this law the accused imprisonment of 3 years or more And Fine There may be a punishment of Rs.

No basis for action without evidence

In this case, the woman had filed a case against her husband after he filed a petition seeking annulment of the marriage. During the hearing the Supreme Court said:

“Merely naming the family members, without any concrete evidence, cannot be the basis for action against them.”

The court also said that Section 498A The main purpose of this is to protect women, but it is misused between families. personal rivalry Happening for.

Misuse of Section 498A is increasing

The Supreme Court expressed concern over this issue, saying:

• “There has been an increase in marital disputes in recent years, and in some cases Section 498A is being used in a vindictive manner against the husband and his family.”
• The court said that “Vague and general allegations” The legal process is being misused.

warning against prosecution

The court stated clearly:

• “Many times the wife unreasonable demands To get it completed, Section 498A is imposed on the husband and his family. In such cases, if prima facie there is no concrete evidence, then the case should not be prosecuted.”
• The Supreme Court also said that by not dismissing the case, the Telangana High Court “Serious mistake” Is of.