A Bench led by Justice BR Gavai made the observation while hearing a matrimonial dispute concerning maintenance.
On Wednesday, the Supreme Court noted that Section 498A of the Indian Penal Code, which addresses cruelty towards married women, and the Domestic Violence Act are among the most misused laws.
This observation came from a Bench led by Justice BR Gavai, alongside Justices Prashant Kumar Mishra and KV Vishwanathan, during a hearing on a matrimonial dispute related to maintenance.
“In such matters, getting freedom is the best thing,” Justice Gavai remarked during the hearing.
He clarified his remark by describing a case in which a man was required to pay ₹50 lakhs—likely as maintenance or alimony—to his estranged wife, despite the fact that 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 a subject of ongoing debate, with critics pointing out that the provision is frequently misused by women to unjustly involve their husbands and in-laws in criminal cases.
This criticism has sometimes been echoed by the courts.
Recently, the Bombay High Court expressed concern over the misuse of Section 498A, noting that even grandparents and bedridden individuals have been implicated in these cases.
The Court expressed empathy for true victims of marital cruelty but noted that the law intended to address this issue is frequently misused. It suggested that thousands of cases might be resolved if the offense under Section 498A IPC were made compoundable.
In May of this year, the Kerala High Court observed that wives engaged in matrimonial disputes often initiate such criminal proceedings against their husbands and their families simply to exact revenge.
In an order issued in August of last year, the Bombay High Court expressed concern 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 while Section 498A was originally introduced with the commendable objective of addressing cruelty by husbands or their relatives towards married women, it is now being misused.
Notably, the Indian Penal Code has been replaced by the Bharatiya Nyay Sanhita (BNS), 2023, which includes a provision similar to Section 498A of the IPC in Section 85 of the BNS.