The
Supreme Court on Wednesday observed that Section 498A of the Indian Penal Code
(IPC), which addresses cruelty against married women, and provisions of the
Domestic Violence Act, are among the most abused laws in the country.
A
bench comprising Justice BR Gavai, Justice Prashant Kumar Mishra, and Justice
KV Vishwanathan, made this observation during a hearing on a matrimonial
dispute related to maintenance.
“In such matters, getting freedom is the best
thing,” said Justice Gavai, referring to an earlier case where a man was
ordered to pay Rs 50 lakh to his estranged wife despite the fact that the
couple had never lived together.
“In Nagpur, I had seen a case where a boy went to
the US, and for an unconsummated marriage, he had to pay Rs 50 lakh. Not even a
single day of living together, and that’s the arrangement. I have openly said
Domestic Violence, 498A is among the most abused provisions. My brothers may agree,”
Justice Gavai stated.
Section 498A of the IPC has long been a subject of
debate, with numerous voices raising concerns over its misuse, where women are
said to falsely accuse their husbands and in-laws in criminal cases. Various
courts across the country have echoed these concerns.
In a similar instance, last month, the Bombay High
Court highlighted the misuse of Section 498A, noting instances where elderly
and ailing individuals were dragged into legal disputes. The court sympathised
with genuine victims but suggested that many cases could be amicably settled if
the offence under Section 498A were made compoundable.