Kerala High Court Quashes Wife’s POCSO Case Against Husband, Calls Out Law Misuse
The Kerala High Court has quashed a POCSO case filed by a wife against her husband, stating that the law was being misused for personal vengeance. Justice A. Badharudeen emphasized that the court holds the power to dismiss false and frivolous cases filed with ulterior motives.
The complaint alleged that the couple had been in a relationship since 2015 when the wife was still a minor. It claimed that the husband engaged in repeated sexual acts during this time, violating the IPC and POCSO Act. However, the couple legally married in 2017.
The husband’s counsel argued that no sexual relations occurred before their marriage and that the allegations were fabricated. It was pointed out that the wife had initially filed a maintenance denial case, which did not include any claims of sexual abuse. The counsel claimed that the POCSO complaint was filed in 2020—five years after the alleged incidents—due to marital disputes.
The court noted the significant delay in filing the FIR and found no substantial evidence to support the claims. It concluded that the case was an attempt to misuse the provisions of the POCSO Act for personal revenge.
As a result, the High Court dismissed the FIR and all related proceedings against the husband, emphasizing the importance of preventing the misuse of legal provisions.
Case Number: CRL.MC NO. 1401 OF 2021
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
