TURNING SHIELD OF PROTECTION INTO WEAPON OF DESTRUCTION: AN ACCOUNT OF
SOCIO – LEGAL AND ECONOMIC TERRORISM IN THE INDIAN MATRIMONIAL DISPUTES
Dr. Mithun G. Kherde
1st Year Student at RTMNU’s Dr. Babasaheb Ambedkar College of Law, Nagpur
INTRODUCTION
“Nowadays there is a package of 5 cases against the husband and family members in family court and the
criminal court under I.P.C., the Hindu Marriage Act and the Protection of Women from Domestic Violence Act,
2005”, observed the Hon’ble Justice Shri Vivek Rusia of the Madhya Pradesh High Court while pronouncing
the judgment dated 17-08-2023 in the case of Rajan Mathur Vs The State of Madhya Pradesh in Misc. Criminal
Case Nos. 35596/2018 & 16764/2019.
1
The said petition was filed by the applicants for quashing the FIR No. 139/2018 which was registered by their
daughter-in-law allegging offenses under section 498-A, 323 and 34 of the Indian Penal Code (IPC), 1860. The
entire family including the husband, his father, mother, sister-in-law were found to have been dragged into the
FIR (First Information Report). As per the FIR, Rs. 50 – 60 lakhs were allegedly spent on the marriage by the
father of the complainant apart from gold and silver and cash. Demand of Rs. 1 lakh for AC Bus, harassment,
beating and throwing out of house for dowry of Rs. 10 lakhs and a car were other contentions raised in the FIR.
The Hon’ble court observed, in connection with the FIR, pertaining to demand of Rs. 10 lakhs and a car and
throwing complainant out of house after beating her, there was nothing on record to corroborate her statement to
establish charge of IPC 498-A. There was an unexplained delay of more than one year. Further, the FIR was
found to have been wrongly registered at Indore despite the fact that neither parties resided there nor any
atrocities were alleged to have taken place at Indore. To substantiate the claims for section 323 of IPC, there
was no MLC (Medico Legal Case) on record. Accordingly the Hon’ble Judge taking reference from the Arnesh
Kumar Vs State of Bihar: 2014 8 SCC 273;
Preeti Gupta Vs State of Jharkhand: 2010 7 SCC 667; Geeta Mehrotra Vs State of UP: 2012 10 SC 741; K.
Subba Rao Vs The State of Telangana 2018 14 SCC 452 highlighted the necessity of High Court to exercise the
power under section 482 of CrPC (Criminal Procedure Code) to protect the relatives of the husband in
matrimonial dispute in order to do the complete justice and prevent misuse of the process of law in the cases
where misuse of Section 498-A of the IPC, 1860 is so apparent.
The Hon’ble Court also highlighted the fact that in the case at hand, the husband and wife both have settled in
Australia and the senior citizen parents of the husband are being harassed by way of the criminal case in India.
General allegations have been leveled against ‘Jethani’ (sister-in-law) hence she has unnecessarily been
dragged in the FIR. As per the contents of the FIR, the husband was not even in India at the time of so-called
omission of crime. Complainant has given the Power of Attorney to her father to contest the case against her inlaws. This is now a case of ‘reverse cruelty’ upon them.
The nightmare of this family may have ended here, but there are many more families consisting of both men and
women, children, adults as well as senior citizens throughout the country suffering at the hands of disgruntled
wives, daughters and daughter-in-laws who have turned ‘women centric laws’ which were envisaged as ‘shield
of protection’ into an ‘assassin’s weapon’. Therefore, it is imperative to explore this phenomenon of misuse of
law.
Women Centric Laws: Shield of Protection
Section 498-A of the Indian Penal Code (IPC), 1860: Section 498-A was inserted in the IPC with the
noble object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such
cruelty had potential to push the wife to suicide. Section 498-A of the IPC provided that the husband or relatives
of the husband subjecting the woman to cruelty shall be punished with imprisonment for a term which may
extend to three years and shall also be liable to fine.2
Under The Bharatiya Nyaya Sanhita, 2023, the same provision of 498-A IPC is now coded as Section 85.
Whereas Explanation to Section 498-A IPC is made into new Section 86 – Cruelty defined. 86. For the purposes
of section 85, “cruelty” means — (a) any wilful conduct which is of such a nature as is likely to drive the
woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical)
of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any
person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any
person related to her to meet such demand.3
The Protection of Women from Domestic Violence (PWDV) Act, 2005: The Protection of Women from
Domestic Violence (PWDV) Act, 2005 was passed on 13th September 2005 to provide for more effective
protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind
occurring within the family and for matters connected therewith or incidental thereto in the Fifty-sixth Year of
the Republic of India. Thus, the said act provides protection only to women and not to men.
The said act consists of 37 sections spread across 5 chapters. Chapter II Section 3 of the PWDV Act, 2005
provides for the definition of domestic violence which includes protection against all kinds of harms, injures,
endangering of the health, safety, life, limb or well-being, whether mental or physical; “physical abuse”, “sexual
abuse”, “verbal abuse”, “emotional abuse” and “economic abuse”; harassment, for unlawful demand for any
dowry or other property or valuable security; assault, criminal intimidation and criminal force; insult, ridicule,
humiliation, name calling; threats to cause physical pain to any person in whom the aggrieved person is
interested.4
Maintenance laws: There are several provisions provided for women to claim maintenance such as Section 24
and 25 of the Hindu Marriage Act (HMA), 1955; Section 18 and 23 of the Hindu Adoption and Maintenance
Act (HAMA), 1956; Section 125 of the Criminal Procedure Code (CrPC), 1973.5
Misuse of Women Centric law: Assassin’s Weapon
“The legislature has enacted the provision of Section 498-A to strike out the dowry menace from the society.
But it is observed in several cases that by misusing said provision new legal terrorism is unleashed.” observed
the Hon’ble High Court of Calcutta in its Judgment dated 21-08-2023 in the case of Swapan Kumar Das @
Swapan Das vs State of West Bengal.6
Hon’ble Supreme Court of India in Special Leave Petition (Crl.) No. 2013 of 2017 Rajesh Sharma & ors.
…Appellants Versus State of U.P. & Anr. …Respondents Hon’ble Judge Adarsh Kumar Goel, J. recorded in it’s
judgment, the following observations,
● According to Reports of National Crime Record Bureau in 2005, for a total 58,319 cases reported under
Section 498A IPC, 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.
● According to the 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 arrested under
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 the 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.
● According to the Report of Crime in India, 2013, the National Crime Records Bureau further pointed out that
of 4,66,079 cases that were pending in the start of 2013, only 7,258 were convicted while 38,165 were
acquitted and 8,218 were withdrawn. The conviction rate of cases registered under Section 498A IPC was
also a staggering low at 15.6%.” Hon’ble Supreme Court in Arnesh Kumar versus State of Bihar,
directed as follows:
● All the State Governments to instruct its police officers not to automatically arrest when a case under
Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the
parameters laid down above flowing from Section 41, Cr.PC
● Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the
date of institution of the case, which may be extended by the Superintendent of Police of the District for the
reasons to be recorded in writing
● Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable
for departmental action, they shall also be liable to be punished for contempt of court to be instituted before
High Court having territorial jurisdiction The Hon’ble Supreme Court in Sushil Kumar vs Union of India remarked, “But by misuse of the provision a
new legal terrorism can be unleashed. The provision is intended to be used as a shield and not assassins’
weapon. If the cry of “wolf” is made too often as a prank, assistance and protection may not be available when
the actual “wolf” appears.7
At times such complaints lead to uncalled for harassment and arrest which may ruin the chances of compromise
and reconciliation. Thus a serious review of the provision is warranted. The matter also has been considered by
the Law Commission, the Malimath Committee, the Committee on Petitions in the Rajya Sabha, the Home
Ministry.8
A court in Delhi dismissed a woman’s complaint of domestic violence against her husband and in-laws, noting
that she misused domestic violence act as a tool to extort unjustified money from him for unjustified personal
gain. A cost of Rs. One Lakh was imposed upon the woman by the court. Metropolitan Magistrate Shivani
Chauhan dismissed the complaint of the woman, a south Delhi resident, “The imposition of cost is in
furtherance of the principle that wrongdoers should not get benefit out of frivolous litigations,” it said.9
Madras High Court Bench in one case had observed that Protection of Women from Domestic Violence Act,
2005 suffers from inherent flaws which tempt women to misuse their provisions and men to dread being
prosecuted under the law without any rhyme or reason. Dismissing a writ petition, Justice S. Vaidyanathan said:
“One can be certain that there is something sinister about a law when it intimidates and instils fear in innocent
people. When a person who has not committed any crime begins to fear punishment under the provisions of a
law, it will certainly create panic amidst men. Therefore, a neutral and an unprejudiced law is needed to protect
the genuine victims of domestic violence irrespective of their gender.”
10
Reason for Turning the Shield of Protection into Weapon of Destruction
Effective Deterrence: False allegations of cruelty and abuse shall automatically attract Section 182 and other
relevant sections of the IPC for interfering with the administration of justice and the culprit to be sentenced
Legal Extortion: Quick money is possible through abuse of these women centric laws.
Wrongdoing of Past: If a wife has a prior marriage affair, and she is unable to get out of it, she just marries
to satisfy the society and her parents, and then misuses these women centric laws as a source of liberation.
Wrongdoing of Present: Women indulging in adultery, use these laws for bargaining.
Socio-Economic Dominance: With such vulnerable laws in her support, it has become very easy for a wife
to gain the control of the matrimonial household and all its resources. Often she uses them to force the
husband to abandon his parents and siblings, and have total control over his household, finances and socioeconomic behavior.
Parent-Child Alienation: Laws like Domestic violence, POCSO, etc. are used to deny the father and his
family access/ visitation, custody of children born out of the marriage.
Hiding Matrimonial Frauds: Where the bride/ her family have to hide her education level, mental health,
past affairs, anti-social behaviour, etc. and when it is legitimate for the person who has wrongly been
drawn into the marriage without knowing the full facts; women resort to turn the shield of protection into
weapon of destruction.
Revenge: Where a husband files a case against the wife for his legal rights of divorce or restitution of
conjugal right or custody of children as a backlash to the same, wife files false counter cases against him
with a vindictive object of teaching him a lesson.
RECOMMENDATIONS
- Time Bound and Speedy Trial: Time-bound trial and investigation is a must in matrimonial discord to
ensure redress for innocent persons involved in false allegations. - Stop Economic Terrorism: The financial and material exploitation of men in the name of monetary relief, pendente lite/ interim maintenance and alimony, etc. should stop.
- Civil Disputes – Civil Remedies: Civil unions like marriage should be dealt with civil courts rather than criminal courts and shall have civil remedies alone.
- Compensation: The man whose reputation is lost due to false allegations shall be entitled for legal recovery, compensation and rehabilitation measures in the same case, there should not be a requirement of filing additional cases for the same.
- Fixing Responsibility: Criminal charges should be brought against all officials who falsely implicate the
innocent without proper investigation. - Information, Education, Communication, Awareness: The government should raise awareness among
officers about its misuse of law by women and there should also be programs for sensitisation towards the
needs of men.
CONCLUSION
Misuse of women centric laws is a reality. It should be acknowledged by society and the legal and administrative
system. The boys and men have no laws to protect themselves from abuse.
This fact must be addressed at the earliest. The existing laws need to be relooked, made gender neutral and
checks and balances to prevent misuse of law by turning the shield of protection into a weapon of destruction.
REFERENCES - Madhya Pradesh High Court flags Section 498A misuse; says women nowadays file ‘package of 5
cases’ against husband, in-laws https://www.barandbench.com/news/madhya-pradesh-high-court-section498a-ipc-women-pa ckage-5-cases-husband-in-laws - The Indian Penal Code (IPC), 1860
https://www.indiacode.nic.in/handle/123456789/2263?sam_handle=123456789/1362 - The Bharatiya Nyaya Sanhita (BNS), 2023
https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf - The Protection of Women from Domestic Violence (PWDV) Act, 2005
https://www.indiacode.nic.in/bitstream/123456789/15436/1/protection_of_women_from_do
mestic_violence_act%2C_2005.pdf - Paper Presentation on Maintenance Under Various Laws By Smt.Y.J.Padma Sree, III Addl. Junior
Civil Judge, Kadapa
https://districts.ecourts.gov.in/sites/default/files/1-Maintenance%20-%20by%20Smt%20YJ%
20Padmasree.pdf - Swapan Kumar Das @ Swapan Das vs State of West Bengal
https://www.daaman.org/_files/ugd/180b2a_4c0eecbe21a34ed7b8c194d61c218d2a.pdf - Sushil Kumar vs Union of India https://main.sci.gov.in/judgment/judis/29439.pdf
- Dr. Justice V.S. Malimath Report https://www.mha.gov.in/sites/default/files/criminal_justice_system.pdf
- Wife imposed Rs. 1 lakh cost for misusing Domestic Violence Laws https://www.latestlaws.com/latestnews/wife-imposed-rs-1-lakh-cost-misusing-domestic-viol ence-laws-read-full-judgment
- Loha vs The District Educational Officer on 8 June, 2015 https://indiankanoon.org/doc/122558091/
- Misuse Of S.498A IPC By Women Unleashes “Legal Terrorism”: Calcutta High Court Quashes
Domestic Violence Case Against Husband & In-Laws
https://www.livelaw.in/high-court/calcutta-high-court/calcutta-high-court-quashes-domestic-v iolence-casesection-498a-ipc-misuse-235777 - Misuse of Section 498-A, IPC by implicating husband’s relatives in matrimonial disputes; Jharkhand High
Court quashes criminal complaint https://www.scconline.com/blog/post/2023/07/28/misuse-section-498aipc-increasing-implica ting-relatives-husband-jharkhand-high-court/ - Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court
https://www.livelaw.in/high-court/jharkhand-high-court/jharkhand-high-court-section-498a-ip c-misusedweapon-disgruntled-wives-241798 - Sec 498A being used to settle personal scores against husband, his kin: SC
https://indianexpress.com/article/india/sec-498a-being-used-to-settle-personal-scores-against- husband-hiskin-sc-7763471/ - NCRB Report | 2020 | Crimes Against Women | Cases Registered v/s False; Conviction v/s Acquittal
Footnotes
1 Madhya Pradesh High Court flags Section 498A misuse; says women nowadays file ‘package of 5 cases’
against husband, in-laws
https://www.barandbench.com/news/madhya-pradesh-high-court-section-498a-ipc-women-package-5-caseshus band-in-laws
2 The Indian Penal Code (IPC), 1860
https://www.indiacode.nic.in/handle/123456789/2263?sam_handle=123456789/1362
3 The Bharatiya Nyaya Sanhita (BNS), 2023
https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf
4 The Protection of Women from Domestic Violence (PWDV) Act, 2005
https://www.indiacode.nic.in/bitstream/123456789/15436/1/protection_of_women_from_domestic_violence
_act %2C_2005.pdf
5 Paper Presentation on Maintenance Under Various Laws By Smt.Y.J.Padma Sree, III Addl. Junior Civil
Judge, Kadapa
https://districts.ecourts.gov.in/sites/default/files/1-Maintenance%20-
%20by%20Smt%20YJ%20Padmasree.pdf
6 Swapan Kumar Das @ Swapan Das vs State of West Bengal
https://www.daaman.org/_files/ugd/180b2a_4c0eecbe21a34ed7b8c194d61c218d2a.pdf
7 Sushil Kumar vs Union of India https://main.sci.gov.in/judgment/judis/29439.pdf
8 Dr. Justice V.S. Malimath Report https://www.mha.gov.in/sites/default/files/criminal_justice_system.pdf
9 Wife imposed Rs. 1 lakh cost for misusing Domestic Violence Laws
https://www.latestlaws.com/latest-news/wife-imposed-rs-1-lakh-cost-misusing-domestic-violence-laws-readfull-judgment
10 Loha vs The District Educational Officer on 8 June, 2015 https://indiankanoon.org/doc/122558091/
