The Supreme Court has voiced its apprehension regarding the growing trend of individuals resorting to criminal law to settle personal scores when relationships sour, particularly in matrimonial disputes. The court has repeatedly cautioned against the misuse of legal provisions and the harassment of innocent individuals through the filing of false criminal cases by estranged spouses.
In a recent judgment, a bench of Justices B.V. Nagarathna and N. Kotiswar Singh highlighted the increasing tendency to misuse provisions like Section 498A of the Indian Penal Code (IPC) as a tool for unleashing personal vendettas against the husband and his family. Section 498A of the IPC, which was initially intended to curb cruelty against women by their husbands and in-laws, is now often invoked to seek compliance with unreasonable demands from the wife's side. The court expressed concern that vague and generalized allegations made during matrimonial conflicts, if not carefully scrutinized, could lead to the misuse of legal processes and encourage "arm-twisting tactics".
The Supreme Court has also observed a disturbing trend where criminal complaints are used as bargaining chips for monetary demands. In many instances, the wife and her family tend to use criminal complaints, often including serious offenses such as cruelty, outraging modesty, rape, and cheating, as a platform for negotiation to get the husband and his family to comply with their demands, which are primarily monetary in nature.
Furthermore, the court has taken note of cases where individuals deliberately suppress material facts to mislead magistrates into issuing summons. For instance, in one case, a husband filed a theft case against his wife while simultaneously seeking the restitution of conjugal rights, compelling her to return to him. The court found this to be contradictory and ruled that the criminal complaint was an abuse of process aimed at harassing the wife during ongoing matrimonial disputes. The Supreme Court emphasized that magistrates must exercise caution before issuing summons in criminal cases to prevent frivolous or malicious litigation under the guise of criminal law.
The Supreme Court has also addressed the issue of marital rape, with petitions seeking its criminalization. While the government has acknowledged that a woman's consent is not nullified by marriage and its violation should have penal consequences, it has also expressed concerns that criminalizing marital rape could have far-reaching socio-legal implications and impact the institution of marriage. The government has argued for a comprehensive approach to the issue, involving consultations with all stakeholders and considering the views of all states.
The Supreme Court's observations and judgments underscore the need for a balanced approach in handling matrimonial disputes, ensuring that legal provisions are not misused to settle personal scores or extort money. The court has emphasized the importance of scrutinizing allegations, preventing the harassment of innocent individuals, and upholding the integrity of the legal process. It has also called for caution in applying matrimonial laws to ensure that their true purpose of protecting and empowering women remains intact and that they are not exploited to settle personal grievances.
