Men too have 'pride and dignity'; false abuse case should not happen; SC and HC make similar observations on same day

NEW DELHI/KOCHI: The similar observation made today by the Supreme Court dismissing the fake dowry harassment case and the High Court granting anticipatory bail to actor Balachandra Menon in the harassment case was noteworthy.

The High Court said that not only women but men also have dignity and pride. The Supreme Court said that the law against dowry harassment will not be allowed to be misused for revenge against the husband and family members.

Granting bail, Justice PV Kunhikrishnan stated that Balachandra Menon is a person honoured by the country with the Padma Shri and that he has won two national awards. The court also observed it has to be noted that the complaint of the actress, who hails from Aluva, was filed 17 years late.

A Supreme Court bench comprising Justices BV Nagaratna and N Koteswar Singh pointed out that misuse of the Anti-Dowry Harassment Act (Section 498A) is rampant and lower courts should be vigilant. The section should not be imposed on mere allegations without clear evidence. The law is also being misused to harm innocent family members. The Supreme Court quashed the case filed by the wife against her husband and his family from Telangana. The law is being turned into an instrument of vengeance. Some women use the section to fulfil unfair demands. Courts should scrutinize the allegations. Otherwise, it would be like encouraging such tactics.

Not to stay silent

The court is not saying that women who suffer cruelty should not respond or file a complaint. It should be understood that the provision was introduced for the immediate intervention of the government to prevent dowry harassment

False case after leaving with someone else

In the Telangana case, the wife filed a complaint that her husband had demanded more dowry and that the husband was having extra marital affairs. The court accepted the husband's argument that it was a hoax. One day the wife left the house without saying anything. The husband found out that she was living with someone else and called her back. The wife told the husband that she had gone with the man with whom she got close with after talking on the phone for 10 days and assured the husband that it would never happen again. However, the wife left her husband and children behind for the second time. With this, the husband sent a lawyer notice for divorce. It was after this that the case of dowry harassment of the wife arose, the husband said. The Supreme Court quashed the case by confirming that this argument was correct.

IPC 498 -A; 3 years imprisonment and fine

This section of the Indian Penal Code became sections 85 and 86 of the Bharatiya Nyaya Sanhita. Mental and physical cruelty by husband and in-laws is punishable with imprisonment for three years and fine.