The Supreme Court on Thursday emphasized that stringent legal provisions intended for the protection of women should not be misused to “chastise, threaten, domineer or extort” their husbands. The remarks came from a bench consisting of Justices B V Nagarathna and Pankaj Mithal, as they addressed the misuse of such laws in the context of matrimonial disputes.
The court’s observation was made during the dissolution of a marriage on the grounds of its irretrievable breakdown, where the husband was ordered to pay Rs 12 crore as permanent alimony. The justices pointed out that certain sections of the Indian Penal Code, including those related to rape, criminal intimidation, and cruelty towards married women, are often bundled together in complaints, a practice previously condemned by the court.
Highlighting the original intent of these laws, the bench stated, “The provisions in the criminal law are for the protection and empowerment of women but sometimes are used by certain women more for purposes that they are never meant for.” They also noted the tendency of using these serious allegations as negotiation tools in matrimonial disputes, leading to unwarranted legal actions against the husband and his family members.
This misuse often results in swift police actions and non-bailable offences, escalating minor marital disputes into significant public and legal battles, ultimately souring relationships beyond repair. The court expressed concern over the trend of these cases turning into extensive battles over ego and reputation, rather than seeking a resolution.
In their ruling, the justices also discussed the issue of alimony, noting the wife’s claim of the husband’s substantial net worth and her demand for alimony to match the lifestyle of the respondent’s first wife. However, the court criticized the practice of seeking alimony as a means of wealth equalization, pointing out the inconsistency and potential unfairness of such demands.
