During a hearing on a matrimonial dispute related to maintenance, a Bench led by Justice BR Gavai noted that Section 498A of the Indian Penal Code, which addresses cruelty towards married women, and the Domestic Violence Act are among the most frequently misused laws. This observation was made by the Bench, which also included Justices Prashant Kumar Mishra and KV Vishwanathan.
“In such matters, getting freedom is the best thing,” Justice Gavai remarked during the hearing.
He clarified his comment by referring to a case where a man was required to pay ₹50 lakhs—presumably as maintenance or alimony—to his estranged wife, despite the fact that they had never cohabited as a married couple.
“In Nagpur, I had seen (a case) where boy who went to US, (and) for an unconsummated marriage he had to pay Rs 50 lakhs. Not even one day of living together, that’s the arrangement. I have openly said Domestic Violence, 498A are among the most abused provisions. My brothers may agree,” Justice Gavai said.
Section 498A of the IPC has been a topic of ongoing debate, with critics asserting that it is frequently misused by women to unjustly involve their husbands and in-laws in criminal cases. Courts have occasionally recognized this criticism.
Recently, the Bombay High Court expressed concern over the misuse of Section 498A, noting that even grandparents and bedridden individuals have been implicated in such cases. While the Court acknowledged the suffering of genuine victims of marital cruelty, it emphasized that the law intended to address this issue is often misused. It suggested that making the offense under Section 498A IPC compoundable could potentially resolve thousands of cases.
In May of this year, the Kerala High Court observed that wives engaged in matrimonial disputes often initiate criminal proceedings against their husbands and their families primarily for revenge.
In August of the previous year, the Bombay High Court expressed concerns about the misuse of the Protection of Women from Domestic Violence Act, noting that estranged wives have used it to harass their husbands and in-laws.
In July 2023, the Jharkhand High Court remarked that while Section 498A was originally introduced with the commendable aim of addressing cruelty by husbands or their relatives towards married women, it is now being misused.
Notably, the Indian Penal Code has been replaced by the Bharatiya Nyay Sanhita (BNS), 2023, which includes a provision similar to Section 498A IPC in Section 85 of the BNS.
