Recently, the High Court of Orissa quashed a cruelty case under Section 498A of the Indian Penal Code (IPC) that was originated against a woman by her brother’s wife.
Justice G Satapathy quashed the proceedings against the sister-in-law and stated that offence of cruelty to wife under 498A is often being misused against parents-in-laws to make pressure on the husband’s family.
“It is, however, clear that the offence of dowry torture U/S 498-A of IPC has often being misused against the in-laws to pressurize the family of the husband and there is a tendency of over implication of relatives of the husband who often reside in separate mess or even at a distant place than the matrimonial home of the bride,” said the Court.
The court also expressed its concern over filing cruelty cases in the heat of passion over trivial issues.
The petitioner (sister-in-law) of the case moved to the High Court seeking quashing of criminal proceedings that were originated against her by her brother’s wife. Moreover, her brother’s wife also claimed that she was subjected to mental and physical torture by her husband and other in-laws for the sake of demanding more dowry.
The petitioner submitted that there were only a few general and unspecific allegations against her and no offence was made out.
She also told to the court that she was residing in a separate house even after being married.
The Court agreed that a married woman normally lives in her matrimonial home after marriage unless there is any matrimonial disputes or conflicts between her and her in-laws.
It also went on record that no allegations were there about the petitioner’s dispute with her in-laws.
Thus, the Court found the criminal proceedings against the petitioner were needed to be quashed.
Source: https://www.barandbench.com/news/section-498a-often-misused-to-pressurise-husbands-family-orissa-high-court