'Uglier Side Of Matrimonial Litigation' : Supreme Court Flags Trend Of Wives Filing False POCSO Cases Against Husbands

The Supreme Court has expressed concern over a growing trend of false and frivolous cases under the Protection of Children from Sexual Offences (POCSO) Act being filed in the backdrop of matrimonial and other personal disputes, cautioning that such misuse of criminal law causes severe hardship to innocent persons and burdens the justice system.In a judgment, the Court observed that an increasing number of matrimonial disputes have witnessed allegations being levelled under the POCSO Act against husbands, who are also fathers of minor children, particularly daughters. According to the Court, such complaints are at times used as a tool to gain leverage in matrimonial litigation, secure higher monetary settlements, or harass the opposing party.A Bench of Justice BV Nagarathna and Justice Ujjal Bhuyan made the observations while quashing more than 10 criminal cases, including allegations under the POCSO Act and rape provisions of the Bharatiya Nyaya Sanhita (BNS), against a husband and his family members. One of the cases filed at the instance of the wife alleged that her 14-year-old daughter was raped by her husband and her brother-in-law, and was physically assaulted by other family members of the husband.While quashing the cases finding them to be frivolous, concocted and vexatious, the Court expressed concerns about the growing trend of adding POCSO charges in matrimonial litigation.The Court said that once matrimonial relationships turn bitter, criminal law is often invoked as an instrument of personal animosity, vengeance and pressure tactics.The Bench observed that such a "matrimonial bouquet" frequently includes allegations of dowry harassment, cruelty under Section 498A IPC, domestic violence and harassment by in-laws. According to the Court, many such cases are characterised by vague, sweeping and omnibus allegations that lack factual particulars or supporting evidence."A tell-tale sign" of vexatious litigation, the Court said, is the tendency to implicate numerous members of the spouse's family, including elderly and ailing relatives, through broad allegations that do not disclose specific acts attributable to each accused.The Court further noted the emergence of an "uglier trend" of false complaints under the Protection of Children from Sexual Offences (POCSO) Act in the context of matrimonial disputes. The Bench observed that in some cases wives level allegations that the husband, who is also the father of a minor child, committed sexual offences against the child, particularly a daughter.The judgment authored by Justice Nagarathna observed :"In this regard, we would be remiss to not highlight the recent upswing in the false and frivolous matrimonial cases which have unfortunately brought to the fore the uglier side of litigation. A recent trend in this regard is when the wife resorts to filing false complaints and cases under POCSO Act alleging that the husband, who is also the father of the minor child, has committed wanton acts which are sexual in nature especially against the minor daughter. At the centre of this sort of litigation is a child who is often used by her mother against her father, against her will and wishes, so as to make false and vexatious complaints against her father and other male members of her paternal family in order to exact revenge or as an arm-twisting tactic to obtain a higher monetary settlement or to simply harass."The Court further observed that the misuse of the POCSO Act is not confined to matrimonial disputes. It pointed out that false complaints are sometimes filed in situations involving family feuds, neighbourhood disputes, business rivalries, and financial disagreements between borrowers and lenders. Such allegations, it said, are occasionally used as a means of vengeance or as a pressure tactic to compel the accused to yield to the complainant's demands."There are also instances where in cases of enmity between the members of a family, between neighbours or business partners or associates, or even between borrowers and lenders of financial assistance, a weapon of harassment being resorted to is a complaint under the POCSO Act at the instance of a parent of a child (in most cases being the daughter) so as to wreak vengeance or to get over civil disputes between the parties by a subdued accused under the said Act yielding to the demands of the complainant. Also, the threat of a false complaint under the POCSO Act is used as a means to escape legal consequences arising out of a commercial transaction, a matrimonial dispute or such other disputes."At the same time, the Court underscored that genuine cases of child sexual abuse deserve the highest degree of attention and sensitivity from investigating authorities and courts. It stressed that serious allegations supported by credible material must be pursued vigorously to their logical conclusion.However, the Court cautioned against permitting prosecutions based on vague, omnibus and sweeping allegations that lack ...

'Uglier Side Of Matrimonial Litigation' : Supreme Court Flags Trend Of Wives Filing False POCSO Cases Against Husbands

LIVELAW NEWS NETWORK

The Court lamented that the child is being used as a weapon to lodge false cases as an arm-twisting tactic.

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

'Uglier Side Of Matrimonial Litigation' : Supreme Court Flags Trend Of Wives Filing False POCSO Cases Against Husbands

LIVELAW NEWS NETWORK

The Court lamented that the child is being used as a weapon to lodge false cases as an arm-twisting tactic.

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

LIVELAW NEWS NETWORK

This is a premium content
Available exclusively to
Our subscribers