Misuse of Domestic Violence Prevention Law for Revenge by Women : Supreme Court

The Prevention of Domestic Violence Act is misused to take revenge against husbands and in-laws.

New Delhi – The primary intent of Section 498A of the Indian Penal Code is to prevent harassment of women by their husbands and in-laws. However, the Supreme Court has noted that there has been a growing misuse of this provision. Cases of domestic violence have significantly increased across the country, leading to a rise in marital discord. As a result, this provision is being widely misused as a tool for personal revenge against husbands and their families, the Supreme Court observed during the hearing of a case.

A woman from Telangana filed a complaint under Section 498A of the IPC, leading to a criminal case against her in-laws. The Telangana High Court refused to quash the charges. This decision was challenged in the Supreme Court. During the hearing, the Court made the above observations and directed the quashing of charges filed under certain provisions of the Dowry Prohibition Act and Section 498A of the IPC against the woman’s in-laws, stating that there was no substantial evidence to support the allegations of harassment.

The Court emphasized that if vague and general allegations in marital disputes are not scrutinized, the misuse of legal provisions will continue. This will also empower strategies by women and their families to exert undue pressure on the husband’s side. The Court, therefore, cautioned against allowing such misuse of the law.