NEW DELHI: Expressing concern over growing misuse of dowry harassment provision by women against her in-laws and relatives, SC Tuesday said that any complaint without specific allegation must be nipped in bud and the law should not be allowed to be misused for arm twisting tactics by a wife and/or her family, reported.
A bench of Justices B V Nagarathna and N Kotiswar Singh said that criminal proceedings on the basis of vague allegations should not be allowed in such cases. “A mere reference to the names of family members in a criminal case arising out of a matrimonial dispute, without specific allegations indicating their active involvement should be nipped in the bud. It is a well-recognised fact, borne out of judicial experience, that there is often a tendency to implicate all the members of the husband’s family when domestic disputes arise out of a matrimonial discord. Such generalised and sweeping accusations unsupported by concrete evidence or particularised allegations cannot form the basis for criminal prosecution,” it said.
SC said courts must exercise caution in such cases to prevent misuse of legal provisions and legal process & avoid unnecessary harassment of innocent family members.
“Inclusion of Sec 498A of IPC by way of an amendment was intended to curb cruelty inflicted on a woman by her husband and his family, ensuring swift intervention by the State. However, in recent years, as there have been a notable rise in matrimonial disputes, accompanied by growing discord within the institution of marriage, consequently, there has been a growing tendency to misuse provisions like Section 498A of the IPC as a tool for unleashing personal vendetta against the husband and his family by a wife,” it said.
The apex court further said that it did not mean to say that any woman who has suffered cruelty should remain silent and forbear herself from making a complaint or initiating any criminal proceeding but the court should exercise caution while acting on vague allegations.