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Supreme Court Flags Misuse of 498A IPC in Marital Disputes | The Legal Observer

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Supreme Court calls Section 498A IPC “very draconian” amid growing concern over misuse in early-stage marriages.


In a strongly worded observation, the Supreme Court reiterated its concerns over the misuse of Section 498A IPC during a recent hearing on a matrimonial case.


In a notable ruling on Friday, the Supreme Court once again raised red flags over the alleged misuse of Section 498A of the Indian Penal Code (IPC), particularly in the early stages of marriage. The bench, comprising Justice BV Nagarathna and Justice R Mahadevan, was hearing a case involving a complaint filed barely one-and-a-half months into the marriage.

Justice Nagarathna, while expressing the Court’s observations, stated:

“Nowadays, the mother-in-law, that is the mother of the son, and the husband are very very wary of the wife because of false complaints filed. We have quashed quite a few complaints. We are not saying every case is false, but 498A is very very draconian and misused.”

She further remarked,

“498A we are telling you, it is like squeezing lemon on a relationship. Nothing further we will say.”

The comment underscores the judiciary’s growing concern that Section 498A, originally enacted to protect women from cruelty in marriage, is increasingly being cited in potentially exaggerated or retaliatory claims.

While the Court maintained that not every case is false, it called for careful judicial scrutiny before criminalising domestic relationships at their early stages.

Section 498A IPC, introduced in 1983, was designed to protect women from dowry harassment and cruelty by husbands or in-laws. However, in recent years, legal experts and judges alike have noted its growing misuse in vexatious litigations.

This case further adds to a series of recent decisions where the Supreme Court has quashed 498A proceedings due to insufficient grounds or prima facie misuse.

Critics argue that while genuine victims must be protected with the full force of the law, malicious prosecution under the guise of justice can dismantle families and erode the very spirit of the legislation.

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