Delhi HC expresses concern over anti-dowry law misuse, quashes harassment case
The Supreme Court has flagged concern over the tendency of dragging family members to face prosecution on generalised allegations without any specific material
The Delhi high court has expressed concern over the growing misuse of the anti-dowry law, saying it was being used to harass husbands, and in-laws and gain leverage, while quashing a case filed against a man for allegedly harassing his wife for dowry and property.
“Courts have taken note of the increasing tendency of implicating the husband and his family in matrimonial litigation... While the provision of Section 498A of the IPC [Indian Penal Code replaced by Bharatiya Nyaya Sanhita last year] was introduced with an object to combat harassment meted out to married women...it is abysmal to note that the same is now also being misused as a tool to harass the husband and his family members and gain leverage,” Justice Amit Mahajan said in a February 7 order made available on Thursday. Justice Mahajan referred to such cases filed in the heat of the moment by exaggerating events.
Advocate Sanchar Anand, who argued for the petitioner, said his client’s wife falsely implicated him in the case to hide her adulterous conduct. He called the allegations vague and general. The plea said the couple separated in 2014 after his client found photos of his wife with another person. It added a local court in 2019 granted him a divorce on the grounds of cruelty after his wife withdrew her consent for it by mutual consent.
Advocate Anurag Sharma, who represented the wife, submitted the grant of divorce did not affect the case merits. He added his client made “categorical” allegations in the first information report (FIR).
The high court quashed the FIR saying the couple started living separately in 2014, and that the woman filed it years after she filed for divorce on the grounds of cruelty.
The court said the FIR had sweeping and omnibus allegations without specifying the date or time of the alleged instances. It added the continuation of proceedings would amount to abuse of law.
“...No date or time or particulars of the alleged instances of demand for dowry or harassment have been specified in the FIR. However, in matters such as this, where vague allegations have been made against the petitioner, that too belatedly, in the opinion of this court, continuation of proceedings would amount to an abuse of the process of law,” the court said.
The FIR was quashed on the day the Supreme Court asked courts to be on guard against misuse of the domestic violence law. The Supreme Court flagged concern over the tendency of dragging family members to face prosecution on generalised allegations without any specific material to substantiate their role.
In December, the Supreme Court said the law was increasingly being exploited to settle “personal vendettas” or exert undue pressure on husbands and their families.