Weaponized Matrimonial Laws: Supreme Court Calls for Judicial Caution
- Atul Singh
- Dec 15, 2024
- 2 min read
-By Atul Singh, Advocate
Family disputes are among the most emotionally charged legal battles, deeply affecting the lives of individuals and their families. In India, the legal framework governing these disputes, including domestic violence, maintenance, and cruelty laws, is primarily designed to protect women. While these laws were enacted with noble intentions, over time they have revealed significant gaps, particularly in addressing instances where men or elderly family members are victims of harassment or false accusations. Reforms in the said laws are crucial for a fair and just legal system that upholds equality for all.
India's legal system has several provisions aimed at protecting women from domestic abuse and harassment, including penal provisions under the Bhartiya Nyaya Sanhita and special laws like Protection of Women from Domestic Violence Act, 2005. One of the most concerning aspects of these legislations is their misuse. False allegations implicating the husband and in-laws not uncommon.
Over a period of time there has been a change in the social dynamics and family dynamics have also evolved, with traditional gender roles becoming less rigid. Men can be victims of domestic violence, emotional abuse, or economic exploitation, just as women can be perpetrators. There is a pressing need that the legal framework must adapt to these changes to ensure fairness in marital disputes. Family disputes often extend beyond the husband and wife, affecting parents and siblings. Elderly parents are frequently named in complaints as a tactic to exert pressure on the accused husband.
Atul Subhash’s case is a grim reminder of how legal and societal systems must evolve to address complex family disputes.
Very recently the Hon’ble Supreme Court of India in the case of Dara Lakshmi Narayana & Others vs. State of Telangana & Another, once again emphasized on the misuse of Section 498A of the IPC. It was observed that while the provision was intended to curb cruelty against women within marriages, it has increasingly been weaponized to pursue personal vendettas against husbands and their families. The judgment highlighted that making vague and generalized allegations during matrimonial disputes without proper scrutiny leads to the misuse of the legal process and stressed that prosecutions must only proceed when a ‘clear prima facie case’ is established.
This is not the first occasion that the Hon’ble Supreme Court has raised concern of the said issue. Numerous judgment have been passed by the Hon’ble Supreme Court and various High Courts flagging the misuse of these provisions.
Also Read: https://www.fromthedeskofasm.com/post/section-498a-a-protective-shield-or-a-weapon-for-abuse
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