Wives in Jharkhand Misusing Section 498A IPC as a Weapon

Such type of cases are being filed in the heat of the moment over trivial issues, without proper deliberation, the Court observed.

The Jharkhand High Court has recently commented that dissatisfied wives are employing Section 498A of the Indian Penal Code (IPC), which deals with acts of cruelty towards women by their in-laws, more as a tool for offense than a means of defense.

Justice Sanjay Kumar Dwivedi noted that these cases are frequently initiated by wives impulsively, often involving minor disagreements, and often without due consideration.

“With the laudable object of punishing cruelty at the hands of husband or his relatives, Section 498-A of the Indian Penal Code was inserted in the statute. There is a phenomenal increase in matrimonial disputes in recent years and it appears that in many cases, the object of Section 498-A of the Indian Penal Code is being misused and the said Section is used as weapon rather than shield by disgruntled wives.”

Petty marital conflicts often escalate into serious issues, leading to the false implication of elder family members by wives, as noted by the Court.

The petitioners (the in-laws of the complainant) argued before the Court that the accusations of mistreatment against them were unfounded because they were not present at the time in question, as they were traveling.

The Court pointed out that the petitioners reside in Hyderabad, while the alleged incident occurred in Dhanbad. Furthermore, on the day of the alleged occurrence, the petitioners were on a train journey, suggesting potential inaccuracies in the complaint.

Additionally, the Court highlighted that the roles of the petitioners were not specified in the case, and the allegations against them were generic and lacking detail.

Expressing its disapproval of baseless cases filed under Section 498A of the IPC, the Court dismissed all criminal proceedings, including the order for taking legal action against the petitioners.

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