If the wife states that her husband and the relatives have
treated her with ‘cruelty’, whether physical or mental, then a case can be
registered under Section 498A of IPC. No evidence is necessary for filing
charges. A mere statement by the wife is enough to get her husband and
relatives arrested and thrown behind the bars. Since this section is
non-bailable getting a bail is not always easy.
Even if there is no evidence, the husband and the relatives
have to keep appearing in the court for several years before they get acquitted
of the false charges. Senior citizens and children have been arrested under
this section. Even if a person gets cleared by the court, still the
psychological, emotional and mental trauma takes a toll on everyone. Not to
mention it destroys the reputation of all the accused. In a good percentage of
cases it has been observed that a good monetary compensation has been extracted
from the husband at the time of settlement for mutual divorce in exchange for
dropping the charges under Section 498A. In one of its judgements Supreme
Court of India has pointed out that “legal terrorism” can be carried out under
this section.
