SC on 498A: Section 498A of IPC Can't Be Applied Mechanically in All Cases Where Wife Complains of Harassment or Ill-Treatment by Husband, Says Supreme Court

The Supreme Court recently 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. The Supreme Court bench comprising of Justices JB Pardiwala and Manoj Misra also cautioned against the utilisation 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 apex court also said that most often, the disputes between couples get complicated due to the interference of the parents and relatives. "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 stated. SC on Cheating: Withdrawal From Marriage Won’t Amount to Offence of Cheating Under Section 417 of IPC, Says Supreme Court.

SC on Section 498A

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.

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