"Some Have Unleashed Legal Terrorism"

Court verdict on dowry Law Misuse…

The Indian Penal Code (IPC) section 498A, which is meant to shield women from abuse by their husbands or their family, has been misused by certain women, according to the Calcutta High Court, which stated this on Monday.

When a man and his family requested that criminal charges against them be dropped by his estranged wife, the high court offered some pointed observations.

The Section 498A provision has been implemented to eradicate the dowry scourge from society.

However, it has been noted in various instances that the misuse of said clause leads to the emergence of new forms of legal terrorism.

The de facto plaintiff cannot establish the existence of the harassment and torture listed in the concept of security under section 498A, the court ruled.

The criminal proceedings started by a lower court on the basis of the woman's complaint were canceled by a single bench of Justice Subhendu Samanta, who noted that the medical evidence on file and witness statements did not establish any offense against the man and his family.

"The de facto complainant's direct accusation against the husband comes only from her account.

The court concluded that it did not support any documentary or medical evidence.

The law permits complainants to make criminal complaints, but they must be supported by convincing evidence, the statement read.

The court also noted that since the beginning, the couple had not been residing with the man's family but rather at a different home.

"The allegations made in the petition of the complaint are false; the complainant has never been the victim of an assault or act of torture, according to the petition.

Since the woman never intended to live with her in-laws after the marriage, the husband petitioner set up a separate residence where they are currently living apart, the court noted.