Gujarat High Court Flags Misuse of Dowry and Domestic Violence Laws to Pressure Husbands and In-Laws
The Gujarat High Court has expressed concern over the growing trend of women exaggerating domestic violence and cruelty charges by adding dowry-related allegations against their husbands and in-laws.
Justice D.A. Joshi made the observations while quashing a 2019 FIR filed by a woman against her husband and his family. The FIR included charges under IPC Section 498A (cruelty), along with assault, abuse, and criminal intimidation, as well as provisions of the Dowry Prohibition Act. The woman later also filed a case under the Domestic Violence Act.
The Court noted that in many cases, women invoke Sections 3 and 7 of the Dowry Prohibition Act in addition to IPC provisions to make the case appear more serious and increase pressure on their husbands and in-laws.
In this case, the woman married in January 2018 but left her matrimonial home in June 2019 and filed the FIR. She later agreed to quash the FIR and temporarily returned to her husband but eventually left again to stay with her parents.
On reviewing the FIR, the Court found the allegations vague and lacking specific details of mental or physical cruelty. It observed that such cases often involve all family members being named as accused, regardless of their actual involvement.
The Court remarked that this pattern is seen in many cases where women exaggerate charges, sometimes targeting relatives of higher status or vulnerable standing to gain leverage or for blackmail.
By quashing the FIR, the Gujarat High Court highlighted the misuse of dowry provisions in domestic violence cases, stressing that genuine disputes must not be exaggerated into false criminal cases.
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