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Jharkhand High Court: Disgruntled wives are using Section 498A IPC as a weapon rather than a shield

The Indian Penal Code Section 498A, which makes it illegal for in-laws to abuse their spouses, is being used as a weapon by irate wives, according to the Jharkhand High Court. Judge Sanjay Kumar Dwivedi said that these cases are frequently brought by women in a moment of passion over unimportant matters, without giving them more thought. In order to penalize cruelty committed by a husband or his family members, Section 498-A of the Indian Penal Code was added to the law. There has been a sharp rise in marital conflicts in recent years, and it seems that the purpose of Section 498-A of the Indian Penal Code is frequently being misapplied, with dissatisfied women using the Section as a weapon rather than a shield.”

The Court further stated that minor marital disputes frequently take on grave consequences, leading to the commission of horrible crimes in which wives falsely accuse family elders. The petitioners, who were the complainant’s in-laws, argued in court that the false charges of torture against them were brought about by their travels throughout the relevant period. The petitioners live in Hyderabad, the court noted, but the claimed incidence happened in Dhanbad. The petitioners were riding a train on the day of the purported event, the Court said, suggesting that the complaint may contain false statements.

Furthermore, the court noted, “On the date of the allegations, the petitioners were traveling in a train, which suggests that false allegations were made against them.”

“Therefore the present complaint case fails to establish specific allegations against these petitioners, who happened to be the brother-in-law and sister-in-law of the complainant,” the court’s ruling noted. “In view of the above facts, reasons and analysis, so far as these petitioners are concerned, the entire criminal proceedings pending in the court of the learned Judicial Magistrate, Dhanbad, are quashed,” it read.

Ahir Mitra
Ahir Mitra
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