S.498A of IPC and False Matrimonial Cases : How Supreme Court Viewed It in its Judgments

S.498A of IPC and False Matrimonial Cases : How Supreme Court Viewed It in its Judgment

S.498A of IPC entails punishment of 3 years imprisonment and deals with cruelty to women. "Husband" or "relative of husband" are terms used in S.498A of IPC.

In Kahkashan Kausar @ Sonam v. State of Bihar [2022] GCtR 1902 (SC) it was held that "incorporation of section 498A of IPC was aimed at preventing cruelty committed upon a woman by her husband and her in-laws, by facilitating rapid state intervention."

Later on, it was noted that there has been an "increased tendency to employ provisions such as 498A IPC as instruments to settle personal scores against the husband and his relatives."

Hon'ble Court in Kahkashan Kausar @ Sonam v. State of Bihar [2022] GCtR 1902 (SC) has also expressed concern over the misuse of section 498A IPC and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the accused. False implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, Court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them.

You can download this judgment full text free of cost from www.sci.gov.in.

Written by 

Vishal

Delhi

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