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Orissa High Court Highlights Misuse of Section 498A to Pressure Husband’s Family

The Orissa High Court recently quashed a case of cruelty under Section 498A of the Indian Penal Code (IPC) initiated by a woman against her sister-in-law. Justice G Satapathy noted that Section 498A, which addresses cruelty to a wife, is often misused to pressurize the husband’s family.

Justice Satapathy observed, “The offence of dowry torture under Section 498A of the IPC is frequently misused against in-laws to pressurize the husband’s family. There is a tendency to over-implicate the husband’s relatives, who often live separately or far from the matrimonial home.”

The judge emphasized the court’s responsibility to distinguish between genuine cases of dowry torture and instances where the law is misused. “While there are genuine cases where the mother-in-law and sister-in-law play a significant role in dowry torture, the court must carefully separate these from cases of over-implication and vexatious litigation.”

The court expressed concern about cruelty cases being filed impulsively over trivial issues. In the case at hand, the sister-in-law (petitioner) sought to quash the criminal proceedings initiated against her by her brother’s wife, who alleged mental and physical torture by her husband and in-laws for more dowry.

The petitioner claimed the allegations were false and stated that she lived separately with her husband. The court found no evidence of any dispute between the petitioner and her in-laws.

Given the circumstances, the court quashed the criminal proceedings against the petitioner.

Case Title: Biswaroopa Pati @ Mohanty v State of Odisha

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