Published 11:21 IST, December 11th 2024
Married Women Misusing Cruelty Law: SC Amid Outrage Over Bengaluru Techie Suicide
SC said that the law cannot be wielded as a “tool to unleash personal vendetta” against husbands and their families.
New Delhi: Amid outrage over the suicide of a Bengaluru-based techie allegedly due to harassment by his wife and in-laws, the Supreme Court, in a separate case, issued a warning against the misuse of cruelty laws in marital dispute cases filed by women against their husbands.
The observation was made by a bench of Justices BV Nagarathna and N Kotiswar Singh on Tuesday while overturning a Telangana High Court ruling that upheld a cruelty case against a man and his family.
Section 498(A) under the Indian Penal Code, or Section 86 of the Bharatiya Nyaya Sanhita (BNS), is designed to protect married women from cruelty by their husbands or relatives. However, the court emphasized that vague allegations or the mere mention of family members without evidence cannot justify criminal prosecution.
The case in question involved a woman filing a cruelty complaint against her husband and his family after he sought to dissolve their marriage. The Supreme Court noted that the complaint lacked specific evidence and was an apparent attempt to settle personal scores.
"The introduction of Section 498(A) aimed to address genuine cruelty inflicted on women, but in recent years, there has been a concerning trend of its misuse in matrimonial disputes," the court said. It warned against vague and generalized accusations, which could lead to "misuse of legal processes" and foster coercive tactics.
The bench also criticized the Telangana High Court for its failure to dismiss the case, calling it a "grave error." It reiterated that criminal proceedings should not proceed without a clear prima facie case.
What is the Bengaluru Techie Suicide Case?
The Bengaluru techie Subhash, who left behind a 24-page suicide note and a 90-minute video, accused his wife and her family of harassment and extortion. He also expressed frustration with the allegedly biased legal system. In his note, he made serious allegations against a family court judge in Uttar Pradesh. A placard reading "Justice is Due" was found hanging in his house.
In the video, which has now gone viral on social media, Subhash alleged: “My wife will keep my child alienated and file more cases to harass me, my elderly parents, and my brother, using the money I pay her as maintenance. Instead of using it for our child's welfare, she is weaponizing it against us.”
He further shared: “I feel that I should kill myself because the money I earn is making my enemies stronger. That same money will be used to destroy me, and this cycle will keep going.
“With the money from my taxes, this court and police system will harass me, my family, and other good people. So, the supply of value should be finished.”
Subhash’s brother, Bikas Kumar, filed a police complaint against his wife, Nikita Singhania, and her family, alleging they demanded ₹3 crore to withdraw legal cases and ₹30 lakh for visitation rights to Subhash’s son. “Every time Atul attended court, he was mocked by his in-laws and told to die if he couldn’t pay,” Kumar told the police.
“For people working in Bengaluru, it’s not possible to always commute to UP for a case. But he was being harassed constantly,” Kumar explained, adding: “My brother gave his life while he was fighting against the system.”
Subhash’s family has also raised concerns over systemic failures and judicial bias. His father, Pawan Kumar, said Subhash had traveled to Uttar Pradesh at least 40 times for court hearings, enduring repeated accusations by his wife. “He told us the mediation court didn’t work by law. He must have been frustrated but never showed it,” Kumar said.
Ministry of Law and Justice Responds
Amid the growing anger, the Ministry stated in an X post: “Family courts are a dedicated platform for resolving disputes within families, ensuring that issues related to marriage, child custody, and inheritance are handled with care, sensitivity, and without the conventional formal court style.”
The Ministry also emphasized that family courts “focus on timely and impartial solutions while also promoting reconciliation to help restore relationships within families.”
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Updated 16:01 IST, December 11th 2024