A Bench headed by Justice BR Gavai made this observation during a hearing on a matrimonial dispute concerning maintenance. On Wednesday, the Supreme Court remarked that Section 498A of the Indian Penal Code, which deals with cruelty towards married women, and the Domestic Violence Act are among the most misused laws. The observation was made by a Bench comprising Justices BR Gavai, Prashant Kumar Mishra, and KV Vishwanathan while hearing the case.
“In such matters, getting freedom is the best thing,” Justice Gavai remarked during the hearing.
He explained his remark by citing a case where a man was ordered to pay ₹50 lakhs—likely as maintenance or alimony—to his estranged wife, even though they had never lived together 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 the center of ongoing debate, with critics arguing that the provision is often misused by women to unfairly entangle their husbands and in-laws in criminal cases.
This criticism has occasionally been acknowledged by the courts.
Recently, the Bombay High Court voiced concern over the misuse of Section 498A, observing that even grandparents and bedridden individuals have been implicated in such cases.
The Court acknowledged the plight of genuine victims of marital cruelty but highlighted that the law designed to address this issue is frequently misused. It suggested that thousands of cases could potentially be resolved if the offense under Section 498A IPC were made compoundable.
In May this year, the Kerala High Court noted that wives involved in matrimonial disputes often initiate such criminal proceedings against their husbands and their families purely out of a desire for revenge.
In an order from August last year, the Bombay High Court raised concerns over the misuse of the Protection of Women from Domestic Violence Act by estranged wives to harass their husbands and in-laws.
In July 2023, the Jharkhand High Court observed that although Section 498A was initially introduced with the noble aim of addressing cruelty by husbands or their relatives towards married women, it is now being misused.
Importantly, the Indian Penal Code has been replaced by the Bharatiya Nyay Sanhita (BNS), 2023, which includes a provision similar to Section 498A IPC under Section 85 of the BNS.
