A court in Delhi has fined a woman Rs one lakh for misusing section 498A of the Indian Penal Code against her husband and in-laws.
The metropolitan court dismissed the woman’s complaint of domestic violence against her husband and in-laws before concluding that she had misused legal provisions as a tool to extort unjustified money from him for unjustified personal gain, reports PTI.
The magistrate Shivani Chauhan felt that the complaint of the woman, a south Delhi resident, had falsified and concocted various allegations to harass her in laws.
The court also noted that even though the purpose of the Protection of Woman from Domestic Violence (PWDV) Act was to provide relief to women often at the receiving end of domestic violence, this was not meant for the perpetrators.
The court said, “It is a fit case which calls for imposition of exemplary cost on complainant, so that like minded people are dissuaded from resorting to such mala fide practices.”
The courts in India has expressed concerns over the misuse of this law by the disgruntled wives against their husbands and in-laws even in the past. And to ensure that the 498 of the IPC is not misused, Supreme Court in July 2014, had ruled that police could not arrest accused in such cases “automatically” and it must give reasons for taking such steps which would be judicially examined.