Is the anti dowry law being misused ?

According to the Calcutta High Court, some women have engaged in “legal terrorism” by abusing Section 498A of the Indian Penal Code (IPC), which was designed to protect them against abuse by their husbands or other family members.The high court made important comments while hearing pleas made by a man and his family as they disputed criminal charges brought against them by his estranged wife.

“Section 498A was enacted with the goal of eradicating the dowry problem from society. However, this clause has frequently been abused, leading to a new type of legal terrorism. The court emphasised that the plaintiff cannot provide the only evidence of the harassment and torture mentioned in the definition of security under section 498A.A single bench led by Justice Subhendu Samanta rejected the criminal cases brought by a lower court, emphasising that the medical evidence and witness testimony had failed to demonstrate any misconduct on the side of the man and his family. The woman’s allegation served as the basis for starting these actions.

“The de facto complainant’s direct accusation against the husband comes only from her account. The court stated that it did not support any documentary or medical proof.The statement added, “The law allows a complainant to file a criminal complaint, but it must be substantiated by presenting compelling evidence.”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.

The court further noted that from the beginning, the pair did not live with the man’s family but rather in a separate apartment.The allegations made in the complaint petition are false; the complainant has never been the victim of an assault or act of torture, according to the petition.