SC says married women misusing cruelty law amid calls for justice for Bengaluru techie

Mangalore Today News Network

New Delhi, December 11, 2024: The Supreme Court has expressed worry over the rampant use of cruelty law by married women to harass their husbands and in-laws for selfish interests. The top court’s concern came amid growing demands for justice for 34-year-old Bengaluru techie Atul Subhash, who died by suicide after accusing his estranged wife and her family of filing false cases against him to extort money.

According to a Bar And Bench report, the court on Tuesday, while hearing a case (Dara Lakshmi Narayana and Others vs State of Telangana and Another), said Section 498A of the Indian Penal Code (IPC) which penalises cruelty by husbands and their relatives against married women, was being misused.

A Bench of Justices BV Nagarathna and N Kotiswar Singh noted that sometimes the provision, originally intended to protect women from domestic violence and harassment, was being exploited by some women to force her husband and his family to comply with their “unreasonable demands".

The court said that there is a growing trend to use the provision as a tool by women for unleashing personal vendetta against the husband and his family.

“In recent years, as there have been a notable rise in matrimonial disputes across the country, accompanied by growing discord and tension within the institution of marriage, consequently, there has been a growing tendency to misuse provisions like Section 498A of the IPC as a tool for unleashing personal vendetta against the husband and his family by a wife. Making vague and generalised allegations during matrimonial conflicts, if not scrutinised, will lead to the misuse of legal processes and an encouragement for use of arm twisting tactics by a wife and/or her family," the judgment read.

The Court made these observations while dismissing the cruelty and dowry cases filed by the wife against her husband and in-laws. The appeal was brought by the husband and his family members challenging the Telangana High Court’s refusal to dismiss the case. The wife had filed the cases after her husband sought a divorce. Upon reviewing the arguments, the Supreme Court concluded that the wife had filed the cases to settle personal grievances and was misusing legal provisions that were intended to protect her.

Bengaluru Techie’s Death

As the suicide of a Bengaluru engineer alleging harassment by his wife created a social media storm, the city police on Tuesday took cognisance of the suicide note and launched an investigation into the matter, officials said.

This comes after 34-year-old Atul Subhash, hailing from Uttar Pradesh, died by suicide at his Bengaluru apartment on Monday, leaving behind a 24-page note in which he accused his estranged wife and her family of harassment. He had also shot a 90-minute video of himself detailing his case. The social media users came out in support of the deceased man and demanded justice for him.

Another case has been filed at the Marathahalli police station based on the complaint filed by Atul’s brother, Bikas Kumar, against four people, including Atul’s wife Nikita Singhania, under sections 108 (Abetment of suicide) and 3(5) (When a criminal act is carried out by multiple persons in furtherance of a common intention) of the Bharatiya Nyaya Sanhita (BNS).

The FIR has been filed against Nikita Singhania, her mother Nisha Singhania, brother Anurag Singhania and uncle Sushil Singhania. The police are likely to issue notices to all the accused asking them to appear for investigation.

According to the FIR, the accused filed false cases against Atul and demanded Rs 3 crore to settle the matter. The FIR also notes the allegation that Nikita was demanding ₹30 lakh for allowing Atul to meet their son.

According to the preliminary investigation, Atul was facing marital issues as his wife had filed numerous cases against him in Uttar Pradesh, which he talked about in the video shot just before his extreme step.

Before dying by suicide, he shared the note in a WhatsApp group of an NGO he was a part of. He also sent it to several others via email.