Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court

Women should not misuse cruelty law for ‘personal vendetta’ against husbands: Supreme Court

New Delhi: A bench comprising Justices BV Nagarathna and N Kotiswar Singh has annulled the case initiated by a woman against her husband, which had previously been upheld by the Telangana High Court.

In light of the public outcry following the suicide of a tech professional from Bengaluru, allegedly due to harassment from his wife and in-laws, the Supreme Court, while addressing a different matter, cautioned against the potential misuse of the cruelty law in marital disputes initiated by women against their spouses.

The court emphasized that the cruelty law should not be exploited as a “personal instrument for revenge.” Section 86 of the Bharatiya Nyaya Sanhita (BNS), the newly established penal code, is designed to safeguard women from mistreatment by their husbands and in-laws.

Under this provision, offenders may face imprisonment for a minimum of three years and may also incur fines. According to a report by India Today, the bench remarked on Tuesday, “Section 498(A) was enacted to prevent cruelty against women by their husbands and their families, ensuring prompt state intervention.” In the BNS, Section 86 is equivalent to the now-repealed Section 498(A) of the Indian Penal Code (IPC).

The judges further noted, “In recent years, there has been a significant increase in marital conflicts throughout the nation, leading to heightened discord and strain within the institution of marriage. As a result, there is an alarming trend of misusing provisions such as Section 498(A) as a means of personal vendetta against the husband and his family by the wife.”

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