'Encouraging arm-twisting tactics': SC comes down hard against misuse of divorce laws by women against men

The Supreme Court has cautioned against the misuse of cruelty laws in marital disputes, stating that such provisions should not be exploited as a tool for personal vendetta. The observation comes amidst growing concerns over the abuse of Section 498(A), particularly in light of recent incidents, including the death by suicide of a Bengaluru-based techie allegedly due to harassment by his wife and in-laws.

A bench of Justices BV Nagarathna and N Kotiswar Singh underscored that while Section 498(A) was enacted to protect women from cruelty by their husbands and in-laws, its misuse has become a worrying trend. “The provision was introduced to address genuine cases of cruelty through swift state intervention, but it cannot be misused as a personal weapon to settle scores,” the court observed.

Section 498(A) of the now-repealed Indian Penal Code (IPC) dealt specifically with cruelty against married women. Its equivalent in the newly implemented Bharatiya Nyaya Sanhita (BNS) is Section 86, which prescribes imprisonment of up to three years along with a fine for the offenders.

The court expressed concern over the rising number of marital disputes across the country, citing an increase in bitterness and discord within marriages. It warned that the trend of filing vague or exaggerated allegations under such laws undermines their original intent and risks eroding public confidence in the judicial process.

“Frivolous and generalised complaints can lead to the misuse of legal provisions, encouraging arm-twisting tactics rather than addressing genuine grievances,” the bench remarked.

The Supreme Court made these observations while overturning a case of cruelty filed against a man and his family, which had earlier been upheld by the Telangana High Court. The decision signals the judiciary’s effort to strike a balance between protecting women from genuine abuse and preventing unjust exploitation of the law.

This ruling comes at a time when discussions around the fairness and misuse of marital laws have been reignited, highlighting the need for a nuanced and responsible approach to such sensitive legal provisions.