'Will destroy marriages': Supreme Court recommends changes to Bharatiya Nyay Sanhita days after CJI Chandrachud's praise
Section 498A of IPC dealt with cruelty against the wife by the husband or his relatives. A bench of Justices JB Pardiwala and Manoj Misra made the observations while quashing a case filed by a wife against her husband and his relatives. "We request the Legislature to look into the issue, taking into consideration the pragmatic realities and consider making necessary changes in Sections 85 and 86, respectively, of the Bharatiya Nyaya Sanhita, 2023, before both the new provisions come into force," the Court said as per Bar and Bench.
The Supreme Court observations came during the hearing of an appeal against the Punjab and Haryana High Court order, which refused to quash the proceedings against the husband. The apex court bench observed that the case filed by the wife is pretty vague, sweeping and without a specific instance of criminal conduct. "The plain reading of the FIR and the chargesheet papers indicate that the allegations levelled by the First Information Report are quite vague, general and sweeping, specifying no instances of criminal conduct.
It is also pertinent to note that no specific date or time of the alleged offence/offences has been disclosed in the FIR. Even the Police thought fit to drop the proceedings against the other members of the appellant's family," the Supreme Court said. Supreme Court observed that such legal methods lead to the complete destruction of marriage on trivial issues and minimize even fair chances of reconciliation between the spouses.
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