New Delhi: Against the backdrop of the suicide of Bengaluru techie Atul Subhash, allegedly due to harassment by his wife through matrimonial cases, a plea has been filed in the Supreme Court seeking directions to ensure that husband and his family members are not harassed in cases filed under domestic violence and dowry laws.
The plea has been filed by advocate Vishal Tiwari. The plea said the Dowry Prohibition Act and Section 498A of IPC was meant to protect the married women from the dowry demands and harassment, but these laws have become a weapon to settle unnecessary and illegal demands from the husband’s family .
The plea said recently the tragic suicide of Atul Subhash, a 34-year-old techie in Bengaluru, has triggered a nationwide debate on marital discord, the misuse of dowry prohibition laws and also men's mental health.
“Before he died by suicide, Atul Subhash recorded an 80-minute video in which he accused his estranged wife and her family of slapping multiple cases on him and his family to extort money from them. Atul Subhash also criticised the justice system in his 24-page suicide note”, said the plea.
The plea contended that time has come to review and reform the existing dowry laws and Domestic Violence Act so that its misuse and abuse could be stopped and innocent men can be saved and the real purpose of the dowry laws may not be defeated.
The plea urged the apex court to issue directions to constitute an expert committee comprising of retired judges, lawyers, and eminent legal jurists headed by former Supreme court justice to review and reform the existing dowry and domestic violence laws and give suggestions to prevent their misuse.
On December 10, the Supreme Court had said that the Dowry Prohibition Act, was intended to curb cruelty inflicted on a woman by her husband and his family, however, in recent years, as there have been a notable rise in matrimonial disputes across the country, consequently, there has been a growing tendency to misuse the Act, as a tool for unleashing personal vendetta against the husband and his family by a wife.
The apex court stressed that allegations during matrimonial conflicts, if not scrutinised, will lead to the misuse of legal processes and an encouragement for use of arm-twisting tactics by a wife or her family.
The apex court made these observations while quashing the FIR and the trial against the husband and his family members. The woman lodged an FIR under Section 498A of the IPC and Sections 3 and 4 of the Dowry Act, against the husband, his parents and three sisters of the husband.
