The country’s top court has expressed deep concern over the unnecessary use of dowry harassment laws. The Supreme Court said that “In cases of dowry harassment, the courts should be cautious to prevent misuse of the law.” The Supreme Court said that “In view of the tendency to trap the husband’s relatives, innocent family members should be saved from unnecessary trouble.” Let us tell you that this comment of the Supreme Court has come at a time when the case of engineer Atul Subhash’s suicide is in the headlines. Actually, Atul’s wife had filed many cases against him, including dowry harassment. He was very upset with this. Her distress was such that she decided to end her life.
In case of a matrimonial dispute, there is often a tendency to implicate all the family members of the husband.
Let us tell you that the bench of Justice BV Nagarathna and Justice N Kotiswar Singh said that “In a criminal case arising out of a matrimonial dispute, without allegations indicating the active participation of family members, the mention of their names should be stopped at the very beginning.” Meanwhile, the country’s highest court also said that “It is a well-known fact from judicial experience that in case of a matrimonial dispute, there is often a tendency to implicate all the family members of the husband. General and broad allegations without concrete evidence or specific allegations cannot form the basis of criminal prosecution.” The Supreme Court further said that “In such cases, the courts should exercise caution to prevent misuse of legal provisions and legal process and to save innocent family members from unnecessary trouble.” In fact, the Supreme Court made this remark while dismissing an order of the Telangana High Court. In fact, the dismissal of a dowry harassment case filed by a woman against her husband, his parents and other family members was refused.
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There is an increasing tendency to misuse provisions like Section 498A of IPC
Meanwhile, the important thing is that while dismissing the order of the High Court, the apex court said that the purpose of including Section 498A in the Indian Penal Code through amendment is to prevent cruelty to the woman by her husband and his family, so that prompt intervention by the state can be ensured.” The court said that there is an increasing tendency to misuse provisions like Section 498A of IPC, so that personal vengeance can be promoted by the wife against the husband and his family. The country’s top court also said that “We are not saying for a moment that any woman who has suffered cruelty under Section 498A of the IPC should keep quiet and refrain from making a complaint or initiating any criminal proceedings.” The court further said that “we are of the view that such cases should not be given much encouragement.”
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