The Calcutta High Court remarked on Monday that women had in many cases launched "legal terrorism" by exploiting a clause in the Indian Penal Code that deals with cruelty towards a woman by her husband or relatives.
The comment was made by High Court Justice Subhendu Samanta in response to a petition filed by a man and his family members who were disputing charges filed against them by the man's estranged wife under Section 498A of the Indian Penal Code in 2017.
In October 2017, the man claims, the woman accused him of "general and omnibus" mental and physical cruelty. According to him, his divorced wife sued his family members for cruelty in December 2017.
In his judgement, Justice Samanta stated that the husband's actions did not constitute a prima facie offence.
The judge noted, "The direct allegation against the husband by the de-facto complainant is merely from her version," as reported by Bar and Bench. “It support[s] no documentary or medical evidence. One neighbour has heard about the quarrel of the wife and her husband; the quarrel of two persons does not mean or prove who is in aggression or who is aggrieved.”
The court took into account the parties' separate apartment from the husband's relatives.
“The proceedings are instituted only to fulfil personal grudge,” the order said.
The court stated that Section 498A was created "to strike out the dowry menace from society." It added, "But it is observed in several cases that by misusing of said provision new legal terrorism is unleashed."
The High Court then dismissed the charges brought against the husband and his family.
1[Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Explanation.—For the purposes of this section, "cruelty means"—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
