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'Disgruntled' Wives Using Section 498A IPC As A Weapon To Harass Relatives Of Husband: Punjab & Haryana HC
'Disgruntled' Wives Using Section 498A IPC As A Weapon To Harass Relatives Of Husband: Punjab & Haryana HC
The Punjab and Haryana High Court has recently quashed the criminal complaint filed by a women against her in-laws under section 406, 498 A & 506 IPC and expressed its concern Against Misuse of Section 498 A IPC by ‘disgruntled wives’.
In recent years, criminal law has undergone drastic reforms to provide protection for women, more clarity have been added to existing legislation such as the DP Act, 498A, 406 IPC, etc., and new legislation such as the DV Act has been introduced, but sadly the cure is getting worse than the disease. Such laws are now being misused by some urban women for ulterior motives It has become common practice to use the provisions of Section 498-A IPC as a sword rather than a shield for disgruntled wives.
The Court heard a petition filed by the complainant's in-laws under Section 482 seeking to quash the criminal complaint. Complainant, Jaswinder Kaur filed a criminal complaint alleging that shortly after the marriage, the husband and her in-laws started threatening the complainant for not bringing enough dowry and raised a demand for Maruti car and a sum of '50,000/-also raised a demand for gold ornament. It was alleged that the complainant had given birth to a girl child, namely Manjinder Kaur, and that the full costs of the delivery were borne by the complainant's parents. The mother-in-law even taunted the complainant for not giving birth to a male kid.
The Court of Justice Jaishree Thakur of Punjab and Haryana High Court heard the case and held that the complainant had failed to make a prima facie argument against the petitioners on the charge of inflicting physical and mental cruelty on the complainant or seeking dowry from her. The complaint does not reveal any clear claim against the petitioners, except through casual reference to their names, that the complainant's husband gave her a beating at the petitioner's court and quashed the criminal case at the trial court.
The High Court also noted that, “it has become a common practice to use the provisions of Section 498- A IPC as a weapon rather than shield by disgruntled wives”.
