Anti-Dowry Section 498A being misused in matrimonial disputes with ulterior motives, Kerala High Court

Kochi, May 31 (IANS) The Kerala High Court on Friday asked courts to look into cases of matrimonial disputes with care as several women misuse Section 498 of IPC to put the close relatives of their husbands in distress by leveling allegations of cruelty.

Justice A. Badharudeen pointed out that in matrimonial disputes, many women misuse Section 498 A against their husbands and their relatives to defame them in society.

Justice Badharudeen said, "It is noticed that in matrimonial disputes, certain wives initiate criminal proceedings on the strength of vague and omnibus allegations against the parents, sisters, brothers and other relatives of the husband with ulterior motive to put them under the veil of prosecution involving non-bailable offences and to face the ordeal of criminal prosecution and trial by the parents, sisters, brothers and other relatives of the husband, to malign and defame their image in the society."

"In such cases, the court must analyse materials available when quashment is sought whether the allegations specifically state anything dealt under Section 498A so as to prosecute the accused for the said offences, by subjecting themselves for trial," said the High Court.

The Court made these observations while quashing criminal proceedings initiated by a woman against her 61-year-old mother-in-law on the allegations of committing cruelty and demanding dowry.

The High Court held that there were only sweeping and general allegations against the mother-in-law without mentioning any specific instance of cruelty, and hence it quashed criminal proceedings against her.

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