New Delhi: Supreme Court It is stipulated that married women cannot use police machinery Blackmails husband and expresses concern about abuse Section 498A (cruelty to women matrimonial home)’s IPC was replicated in the Bharatiya Nyaya Sanhita without providing protection to the husband and his relatives from frivolous complaints.
Dismissing the 498A case filed by a woman against her husband, his parents, siblings, Justices JB Pardiwala and Manoj Misra said, “Police agencies cannot be used to blackmail the husband so that he can, on the instigation of his parents or relatives or friends, Being exploited by his wife.
“Police agencies should be used as a last resort, also in genuine cases of abuse and harassment,” Justice Padivala said while writing the judgment on Friday. The bench referred to the Supreme Court’s 2010 judgment which highlighted the importance of married couples Misuse of Section 498A by women in matrimonial disputes and the court’s plea asking the Law Commission and Law Ministry to re-examine the provision.
Abuse in the marital home is defined by sections 85 and 86 of the BNS, which will come into force on 1 July. The only difference is that the interpretation of IPC Section 498A is now through a separate clause, namely BNS Section 86.
In 2010, in the Preity Gupta case, the Supreme Court took note of the misuse of Section 498A by women to involve their husbands and in-laws in police cases and said that most of these cases stemmed from trivial marital disputes. It asked the government to “seriously revisit” the provision as a number of cases reflected a tendency to be overly suggestive.
“We request the legislature to study the above issues keeping in mind the pragmatic realities and consider making necessary changes in Sections 85 and 86 of the Bharatiya Nyaya Sanhita respectively before the new provisions come into effect,” the bench said before the BNS comes into effect.
The SC said that in all the circumstances, Section 498A of IPC would not automatically apply to the wife’s complaint of harassment or cruelty. “Many times, a woman’s parents, including close relatives, turn a mole into a mountain,” the bench said. The first thing that wives, parents, and relatives think of is the police, as if the police are the spirit of all evil. Once the matter reaches the police, then even if there is a good chance of reconciliation between the spouses, they will be ruined,” it said.
“Many times the same is true of the services of professionals. Once a complaint is drafted by a legal mind, it becomes difficult thereafter to remove any loopholes or other flaws in it,” the judge said.
Dismissing the 498A case filed by a woman against her husband, his parents, siblings, Justices JB Pardiwala and Manoj Misra said, “Police agencies cannot be used to blackmail the husband so that he can, on the instigation of his parents or relatives or friends, Being exploited by his wife.
“Police agencies should be used as a last resort, also in genuine cases of abuse and harassment,” Justice Padivala said while writing the judgment on Friday. The bench referred to the Supreme Court’s 2010 judgment which highlighted the importance of married couples Misuse of Section 498A by women in matrimonial disputes and the court’s plea asking the Law Commission and Law Ministry to re-examine the provision.
Abuse in the marital home is defined by sections 85 and 86 of the BNS, which will come into force on 1 July. The only difference is that the interpretation of IPC Section 498A is now through a separate clause, namely BNS Section 86.
In 2010, in the Preity Gupta case, the Supreme Court took note of the misuse of Section 498A by women to involve their husbands and in-laws in police cases and said that most of these cases stemmed from trivial marital disputes. It asked the government to “seriously revisit” the provision as a number of cases reflected a tendency to be overly suggestive.
“We request the legislature to study the above issues keeping in mind the pragmatic realities and consider making necessary changes in Sections 85 and 86 of the Bharatiya Nyaya Sanhita respectively before the new provisions come into effect,” the bench said before the BNS comes into effect.
The SC said that in all the circumstances, Section 498A of IPC would not automatically apply to the wife’s complaint of harassment or cruelty. “Many times, a woman’s parents, including close relatives, turn a mole into a mountain,” the bench said. The first thing that wives, parents, and relatives think of is the police, as if the police are the spirit of all evil. Once the matter reaches the police, then even if there is a good chance of reconciliation between the spouses, they will be ruined,” it said.
“Many times the same is true of the services of professionals. Once a complaint is drafted by a legal mind, it becomes difficult thereafter to remove any loopholes or other flaws in it,” the judge said.
