Delhi High Court Expresses Concern Over Anti-Dowry Law Misuse, Quashes Harassment Case

The Delhi High Court has raised concerns over the increasing misuse of the anti-dowry law, stating that it is being exploited to harass husbands and their families. In a recent ruling, the court quashed a case filed against a man accused of harassing his wife for dowry and property.

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Justice states the Law is Being Misused

Justice Amit Mahajan, in a February 7 order made public on Thursday, highlighted the growing tendency of matrimonial disputes being used to implicate husbands and their families in cases under Section 498A of the Indian Penal Code (IPC), which was replaced by the Bharatiya Nyaya Sanhita last year. While the law was originally intended to protect married women from harassment, Justice Mahajan noted that it was increasingly being misused to gain leverage in marital disputes. He pointed out that such cases are often filed in the heat of the moment, with exaggerated claims.

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Defending the Husband

Advocate Sanchar Anand, representing the petitioner, argued that his client’s wife falsely implicated him to conceal her adulterous acts. He described the allegations in the case as vague and general. The petition highlighted that the couple had been living separately since 2014 after the petitioner discovered photos of his wife with another person. The petition also mentioned that in 2019, a local court granted the petitioner a divorce on the grounds of cruelty after his wife withdrew her consent for mutual consent divorce.

On the other hand, Advocate Anurag Sharma, representing the wife, contended that the divorce granted did not impact the merits of the case. He stated that his client had made “categorical” allegations in her FIR.

After considering the arguments, the Delhi High Court quashed the FIR, noting that the couple had been living separately since 2014, and the wife had filed the case years after seeking a divorce on the grounds of cruelty. The court’s ruling serves as a reminder of the importance of safeguarding the integrity of legal provisions designed to protect individuals from genuine harm while preventing their misuse in contentious matrimonial disputes.

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