Domestic violence laws and Section 498A of IPC most abused, says Supreme Court

New Delhi: The Supreme Court on Wednesday observed that Section 498A (cruelty to married women) of the Indian Penal Code, along with provisions of the Domestic Violence Act, are among the "most abused" laws.

The verbal observation was made by a bench comprising justices BR Gavai, Prashant Mishra and KV Vishwanathan while hearing a matrimonial dispute concerning maintenance.

Justice Gavai recalled a case of domestic violence where a man was made to pay ₹50 lakh (presumably alimony) to his estranged wife even after having an unconsummated marriage.


Recounting the case that he said he witnessed in Nagpur, justice Gavai said: "In such matters, getting freedom is the best thing...I have openly said domestic violence, 498A are among the most abused provisions. My brothers may agree." Last month, the Bombay HC too had raised concern over Section 498A's misuse and noted even grandparents and bedridden people were being implicated in such cases.