New Delhi: The Delhi High Court has said that the law protecting a married woman against harassment was now being misused as a tool to harass the husband and his family members and gain a leverage.
Justice Amit Mahajan said this while quashing a First Information Report (FIR) registered by an estranged wife against her husband and his family members.
What did the woman, her husband submit?
The woman accused her husband and his family members of harassment on the ground of demand for dowry and for not returning her “stridhan”. The man said that the allegations by his estranged wife were an afterthought and a counterblast to the divorce petition.
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Courts have taken note of increasing tendency of implicating husband, his family in a number of cases: High Court
“Courts have taken note of the increasing tendency of implicating the husband and his family in matrimonial litigation in a number of cases,” the High Court said and added, “While the provision of section 498A of the IPC (Indian Penal Code) was introduced with an object to combat harassment meted out to married woman, however, it is abysmal to note that the same is now also being misused as a tool to harass the husband and his family members and gain a leverage.”
The court further said that such matters are now filed in the heat of the moment on the advice of counsel by exaggerating and misconstruing actual events.
The court, however, clarified, “That is not to say that genuine cases of harassment don’t exist.”
Sweeping and omnibus allegations have been levelled against petitioner: High Court
The court noted that sweeping and omnibus allegations have been levelled against the petitioner in the present case and no date or time or particulars of the alleged instances of demand for dowry or harassment have been specified in the First Information Report.
“This Court is not blind to the ground reality of the deeply rooted social evil of greed for dowry, due to which, numerous victims are subjected to unspeakable conduct and harassment. However, in matters such as this, where vague allegations have been made against the petitioner, that too belatedly, in the opinion of this Court, continuation of proceedings would amount to an abuse of the process of law,” the High Court said while quashing the FIR against the man and his family and proceedings arising out of the said FIR.
