The Supreme Court on Friday expressed concern over a 'worrying trend' of women misusing laws related to dowry harassment, domestic violence, and the Protection of Children from Sexual Offences (Pocso) Act by filing frivolous and vexatious complaints against their husbands and in-laws. The court noted that genuine cases are being overshadowed by an overwhelming number of false cases filed by spouses as an 'arm-twisting' tactic to secure more lucrative settlements.
Matrimonial bouquet of false allegations
A bench of Justices B V Nagarathna and Ujjal Bhuyan observed that once a relationship turns sour, a 'matrimonial bouquet' of complaints is often presented against estranged spouses. 'This set of cases frequently includes bogus and empty allegations and false claims of harassment, cruelty, and marital hardships that, more often than not, contain little to no substance at all and are usually not backed by any material or other documentary evidence,' the bench stated.
Burden on courts
The Supreme Court remarked that it 'painfully takes judicial cognisance of the fact that the courts of law are being misused and overburdened by such vague and vexatious litigations between spouses.' The bench emphasised that while many women genuinely seek relief from their spouses' actions, courts must separate the wheat from the chaff to ensure that innocent parties' rights and freedoms are not trampled by unscrupulous and baseless litigation.
Misuse of Pocso Act
The court highlighted a recent trend where wives file false complaints under the Pocso Act, alleging that the husband has committed sexual acts against their minor daughter. 'At the centre of this sort of litigation is a child who is often used by her mother against her father, against her will and wishes, so as to make false and vexatious complaints against her father... in order to exact revenge or as an arm-twisting tactic to obtain a higher monetary settlement or to simply harass,' the bench noted.
Order quashing Pocso proceedings
The court passed the order while quashing criminal proceedings under the Pocso Act lodged by a girl against her father, uncle, and other family members. The court found no evidence to support the allegations and concluded that the girl had been tutored by her mother. 'Courts have to exercise utmost restraint while entertaining such suits and criminal proceedings as any misstep and overreach can have a cascading effect on the health, both mental and physical, of the parties involved and the sanctity of the institution of marriage itself,' the Supreme Court said.
