When Love Hurts – Navigating the legal landscape in cases of matrimonial disputes

What was once considered a happy union of two souls has today turned into a battleground. One question that faces the society at large is – are we protecting the vulnerable or opening up floodgates for deceit. To that end, let’s focus on the provisions of 498A or the CrPc – which is now Section 85 of the BNSS. 

498A states that whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine

Section 498A was inserted in the statute with the laudable object of punishing cruelty from husband or his family, particularly when such cruelty had potential to result in suicide, murder, grave injury (mental or physical), or danger or harassment with a view to coerce her to meet unlawful demands of husband or his relatives.

It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women.

Weaponised for Revenge! 

Today, one hears a lot of conjectures of love going rogue and the law being used to settle scores by disgruntled wives against family members by filing a complaint against every family member.Most of such complaints are filed in the heat of the moment over trivial issues. Many of such complaints are not bona fide as well. At the time of filing of the complaint, implications and consequences are not visualized. In quite a few cases bed ridden and ailing grandparents of the husband as well as siblings living abroad for decades are made accused 

As per National Crime Record Bureau reports in 2005, for a total 58,319 cases reported under 498AIPC, a total of 1,27,560 people were arrested, and 6,141 cases were declared false on account of mistake of fact or law. While in 2009 for a total 89,546 cases reported, a total of 1,74,395 people were arrested and 8,352 cases were declared false on account of mistake of fact or law. Furthermore, as per Report of Crime in India, 2012 Statistics, National Crime Records Bureau, Ministry of Home Affairs showed that for the year of 2012, a total of 197,762 people all across India were arrestedunder Section 498A, Indian Penal Code. The Report further shows that approximately a quarter of those arrested were women that is 47,951 of the total were perhaps mother or sisters of the husband. However most surprisingly the rate of charge-sheet filing for the year 2012, under Section 498A IPC was at an exponential height of 93.6% while the conviction rate was at a staggering low at 14.4% only. The Report stated that as many as 3,72,706 cases were pending trial of which 3,17,000 were projected to be acquitted.

THE Evolution of the Law 

The Arnesh Kumar v. State of Bihar (2014) was landmark judgement where the Supreme Court acknowledged the abuse of Section 498-A. The verdict ensured that unnecessary arrets are not made and that the magistrate don’t authorise detention casually or mechanically. 

Another landmark judgement comes in the Rajesh Kumar V. State of Uttar Pradesh that led to the Supreme Court formulating remedial measures against the misuse of Section 498-A and forming welfare committees in every district. 

Over the course of time, our legal landscape has evolved a lot, with the Supreme Court strictly discouraging instances of false accusations affecting the entire family. 

Protecting the Vulnerable 

While the rampant increase in false cases related to section 498A, however because of such misuse innocent victims are left remediless.For instance, if a husband threatens a wife to burn her with a kerosene, for dowry demands, but does not pour the same, the wife has no proof of the threat. That does not mean she was not threatened! 

However, another fact remains that in the light of increase caseload, the system is strained. Justice Delayed is Justice Denied and thus, to address the same we have Alternative Dispute Resolution (ADR) such as mediation etc. Mediation has been promoted as way to sort of family issues outside of court while saving everyone from the trauma of traditional divorce. 

In a nutshell, there’s a fine line between truth and lie. A judge can’t enter one’s home or bedroom to figure out what is going on. At the same time, people need to find more mature ways of settling animosities and grievances, instead of weaponizing the law against innocent people – at the same time, it’s essential that women feel safe and not vulnerable in their matrimonial homes. Penalties need to be imposed on people registering false cases and a mechanism needs to be devised at a preliminary stage to come to the truth of the matter.

The author is a criminal defence lawyer.

(Disclaimer: The views expressed above are the author's own and do not reflect those of DNA)