Family Welfare Committee

Recently the Supreme Court of India issuesed new guidelines to prevent the misuse of 498-A of I.P.C. in Rajesh Sharma Vs. State of Uttar Pradesh on 27-07-2017.

- Dr. Sailaja Petikam

In this case the two judge bench namely justice A.K.Goel and U.U.Lalit stated that, not allowed to automatic arrest in 498-A of IPC and also opined that the involvement of civil society in the assistance of administration of justice can be one of the steps, apart from the investigating officers and the concerned trial courts being sensitized, it is also essential to facilitate closure of proceedings where a genuine settlement has been reached instead of parties being required to move High Courts only for that purpose.

The Supreme court observed, “It is a matter of serious concern that large number of cases continue to be filed under Section 498A alleging harassment of married women. This Court had earlier noticed the fact that most of such complaints are filed in the heat of the moment over trivial issues. Many such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualized. At times, such complaints lead to uncalled for harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement. This Court had earlier observed that a serious review of the provision was warranted.”

The Bench sought assistance from Additional Solicitor General (ASG) Atmaram Nadkarni and Senior Advocate V Giri as amicus. The Court deliberated the subject of roping in family members to settle a matrimonial dispute.

The Bench stated, “Omnibus allegations against all relatives of the husband cannot be taken at face value when in normal course it may only be the husband or at best his parents who may be accused of demanding dowry or causing cruelty. To check abuse of over implication, clear supporting material is needed to proceed against other relatives of a husband.”