herein. Hence, they cannot be dragged into criminal
prosecution and the same would be an abuse of the
process of the law in the absence of specific
allegations made against each of them.
30. The inclusion of Section 498-A IPC by way of an
amendment was intended to curb cruelty inflicted on
a woman by her husband and his family, ensuring
swift intervention by the State. However, in recent
years, as there have been a notable rise in
matrimonial disputes across the country,
accompanied by growing discord and tension within
the institution of marriage, consequently, there has
been a growing tendency to misuse provisions like
Section 498-A IPC as a tool for unleashing personal
vendetta against the husband and his family by a
wife. Making vague and generalised allegations
during matrimonial conflicts, if not scrutinised, will
lead to the misuse of legal processes and an
encouragement for use of arm-twisting tactics by a
wife and/or her family. Sometimes, recourse is taken
to invoke Section 498-A IPC against the husband and
his family in order to seek compliance with the
unreasonable demands of a wife. Consequently, this
Court has, time and again, cautioned against
prosecuting the husband and his family in the
absence of a clear prima facie case against them.”
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