S. 498A IPC Can't Be Applied Mechanically In All Cases Where Wife Complains Of Harassment Or Ill-Treatment By Husband : Supreme Court

The Supreme Court has cautioned "mechanically" applying the offence of domestic cruelty punishable under Section 498A of the Indian Penal Code (IPC) in all FIRs registered over complaints filed by wives against husbands and in-laws."In all cases, where wife complains of harassment or ill-treatment, Section 498A of the IPC cannot be applied mechanically. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty," the Court said.The bench comprising Justices JB Pardiwala and Manoj Misra cautioned against the utilization of police machinery for “holding the husband at ransom so that he could be squeezed by the wife at the instigation of her parents or relatives or friends.”The Judgment authored by Justice JB Pardiwala commented that often the disputes between couples get complicated due to the interference of the parents and relatives.“Many times, the parents including the close relatives of the wife make a mountain out of a mole. Instead of salvaging the situation and making all possible endeavours to save the marriage, their action either due to ignorance or on account of sheer hatred towards the husband and his family members, brings about complete destruction of marriage on trivial issues.”, the court said. Further, the court noted the importance of tolerance, adjustment, and mutual respect between the husband and wife in the marriage. “The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other's fault to a certain bearable extent has to be inherent in every marriage. Petty quibbles, trifling differences are mundane matters and should not be exaggerated and blown out of proportion to destroy what is said to have been made in the heaven. The Court must appreciate that all quarrels must be weighed from that point of view in determining what constitutes cruelty in each particular case, always keeping in view the physical and mental conditions of the parties, their character and social status.”, the court said. Also, the court deprecated the practice adopted by the wife and her family members to reaching the police station at the very first instance as approaching the police station might destroy the fair chance of conciliation between the spouses. “The first thing that comes in the mind of the wife, her parents and her relatives is the Police, as if the Police is the panacea of all evil. No sooner the matter reaches up to the Police, then even if there are fair chances of reconciliation between the spouses, they would get destroyed.”, the court noted. The court haven't denied the possibility of there being a genuine case of ill-treatment and harassment by the husband and his family members towards the wife. However, stated that the utilization of the Police machinery should be of last resort, and that too in a very genuine case of cruelty and harassment.Also From Judgment: Misuse Of 498A IPC : Supreme Court Requests Parliament To Amend Corresponding Section In Bharatiya Nyaya SanhitaCase Title: ACHIN GUPTA VERSUS STATE OF HARYANA & ANR.Citation : 2024 LiveLaw (SC) 343Click here to read/download the Judgment

S. 498A IPC Can't Be Applied Mechanically In All Cases Where Wife Complains Of Harassment Or Ill-Treatment By Husband : Supreme Court

Yash Mittal

The Court stated that every quarrel or conduct causing annoyance may not amount to the offence of "cruelty".

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