Jahanvi Agarwal
This has been recently observed by the Orissa High Court by ruling in a case that Section 409A of IPC is often misused by wives to pressure their husband’s family. In the instant case, a woman approached the court under section 498A of the Indian Penal Code and alleged that her husband committed domestic violence in her aunt’s name.
Later the court found that the woman against whom the case is filed resides somewhere else and not the place where the act was committed. There was a false allegation made against the aunt, hence the case was dismissed by Justice G Satapathi of Orissa High Court. In addition to this, the court stated that many times women misused Section 498A to pressurize the husband’s family.
The court has the responsibility to make the right decision by inquiring about the past and the family members of the husband.
In the instant case, the woman went to the lower court with the complaint that she was being tortured both psychologically and physically by her husband and in-laws in exchange for more money. The accused’s sister then requested the High Court to reject the complaint made in her name.
The court after analyzing all the aspects related to the case quashed the woman’s name from the lawsuit.