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'Legal terrorism:' Calcutta HC calls out women for filing fake cases

The Calcutta High Court said that Section 498A of the Indian Penal Code had been introduced to strike out the dowry menace from the society

Calcutta High Court

Calcutta High Court. Photo: Wikipedia

BS Web Team New Delhi

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The Calcutta High Court on Monday said that women in many cases have unleashed "legal terrorism" by misusing a provision in the Indian Penal Code (IPC) that deals with cruelty against a woman by her husband or her relatives, reported Bar and Bench.

Justice Subhendu Samanta of the High Court commented while hearing the petition of a man and his family members challenging cases filed against them by his estranged wife under Section 498A of the IPC in 2017.

In the plea, the man stated that the woman levelled "general and omnibus" allegations of mental and physical cruelty against him in October 2017.

He further said that in December 2017, his estranged wife filed a separate case against his relatives, accusing them of cruelty.

Justice Samanta said in his order that no evidence was brought on record establishing a prima facie offence committed by the husband.

"The direct allegation against the husband by the de-facto complainant is merely from her version," the judge said, adding, "It supports no documentary or medical evidence. One neighbour has heard about the quarrel between the wife and her husband. The quarrel between two persons does not mean or prove who is aggressive or aggrieved."
The court also noted that the couple lived in a separate apartment from the husband's family.

"The proceedings are instituted only to fulfil personal grudge," the court said.

The court further said that Section 498A had been introduced "to strike out the dowry menace from the society". However, it added: "But it is observed in several cases that by misusing of said provision new legal terrorism is unleashed."

The high court dismissed the charges against the husband and his family members.

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First Published: Aug 22 2023 | 7:41 PM IST

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