MISUSE OF MATRIMONIAL LAWS IN INDIA: BALANCING PROTECTION AND PREVENTION OF MISUSE

This paper considers the debate over the alleged misuse of matrimonial laws in India, with particular attention to the offence of cruelty by a husband or his relatives. The offence was originally contained in section 498A of the Indian Penal Code and is now covered by sections 85 and 86 of the Bharatiya Nyaya Sanhita, 2023. The paper identifies three different concerns that are often discussed together: complaints that are knowingly false, complaints that make broad allegations against several family members without giving specific details, and the use of criminal proceedings to put pressure on the other spouse during a marital dispute. Using a doctrinal and socio-legal approach, and examining legislation, Supreme Court decisions, committee reports and available crime and health-survey data, the paper argues that procedural safeguards are necessary. However, the available evidence does not justify removing or weakening the protection provided by the law. Better enforcement of arrest safeguards, careful examination of vague allegations, court-supervised settlements and improved official data offer a more balanced approach.