Why Divorce Rates Are Increasing: Changing Realities of Marriage in India and Beyond

Introduction

India’s laws against dowry harassment and cruelty—especially Section 498A of the IPC and the Dowry Prohibition Act—were enacted to protect women from injustice. However, there is a growing concern about the misuse of 498A IPC, where false allegations are sometimes made to harass the husband and his family. 

The Indian Penal Code (IPC) and the Dowry Prohibition Act were enacted with the noble objective of protecting women from cruelty, domestic violence, and dowry harassment. However, misuse of these provisions—especially Section 498A IPC and Section 3/4 of the Dowry Prohibition Act—has become a matter of serious concern in recent decades.

There are increasing cases where innocent family members are dragged into criminal proceedings as a means of revenge, coercion, or pressure tactics in the aftermath of marital disputes. Fortunately, the legal system also provides remedies to protect against such misuse. One such remedy is under the newly introduced Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaces Section 482 CrPC.

In this article, we explore a hypothetical but realistic case scenario that represents thousands of similar cases being filed across Indian courts and analyze how one family challenged the false charges using Section 528 BNSS.

Background of the Hypothetical Case

Let us consider the case of Ravi Sharma, a 37-year-old software professional working in Gurgaon, Haryana. He got married to Priya Verma, a marketing executive from Noida, in April 2022. The alliance was arranged by the couple themselves via a matrimonial website.

The marriage took place with mutual understanding. Both families contributed equally to the marriage expenses. There were no formal dowry demands or exchange of valuable gifts, at least not as per any written or recorded proof.

Soon after marriage, Ravi’s wife Priya began pressuring him to live separately from his parents and shift to Noida, close to her maternal home. Ravi, being the only son of elderly and ailing parents, expressed his inability to abandon them.

This led to recurring fights between the couple. The relationship became strained, and eventually Priya returned to her parental home in October 2022, within just 5 months of marriage.

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🚨 The FIR and Charges Filed

After a long silence of nearly 18 months, Priya lodged an FIR on 19 February 2024 at Surajpur Police Station in Gautam Buddh Nagar (Noida), alleging that between April 2022 and May 2024, she had been subjected to mental and physical cruelty for dowry.

The FIR was registered under the following provisions:

• Section 498A IPC – Cruelty by husband or relatives

• Section 323 IPC – Voluntarily causing hurt

• Section 504 IPC – Intentional insult

• Section 506 IPC – Criminal intimidation

• Section 354 IPC – Assault with intent to outrage modesty

• Section 3/4 Dowry Prohibition Act – Dowry demand and giving/taking

The FIR not only named Ravi Sharma, but also:

• His father (Shyam Sharma, aged 66)

• His mother (Sudha Devi, aged 60)

• His cousin brother (Bharat Sharma)

👎 Allegations Included:

• ₹20 lakhs given in cash as dowry

• ₹5 lakhs worth of gifts and gold jewellery

• Demands for a Hyundai Creta car and a flat

• Verbal and physical torture by in-laws

• Misbehaviour by the cousin brother

• Threats of life and ouster from the house

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🔍 Contradictions and Weaknesses in the Prosecution Case

The police began their investigation and recorded statements of the complainant, her relatives, and some independent witnesses. However, serious inconsistencies and contradictions emerged:

1. Medical Report:

On the date of the alleged assault (17 May 2024), Priya was examined at a local clinic. The doctor's report mentioned only scratch marks on her face and arms. The injury was simple and possibly self-inflicted.

📑 “No signs of major assault or physical trauma observed. Scratch marks could be caused by fingernails or accidental friction.”

2. Contradictory Statements Under Oath:

While Priya's FIR and her police statement aligned, her magisterial statement recorded under Section 183 BNSS was substantially different, raising questions about her credibility.

In fact, she admitted:

• That much of the money was spent willingly on mutual investments

• That she was never actually threatened in front of others

• That she left the matrimonial home voluntarily

3. Financial Trail Tells a Different Story:

• ₹27 lakhs was transferred by Priya’s brother to Priya’s own account, not to Ravi or his family

• A flat in Noida was booked in Priya’s name

• Gold ornaments and car bookings were done by her family for her, not as dowry

Moreover, Ravi presented evidence of ₹4 lakhs spent on medical expenses for Priya’s younger sister and tuition fees for her brother.

👨‍👩‍👧‍👦 False Implication of Entire Family Members

Despite there being no specific allegation against Ravi’s parents and cousin, they were named as co-accused.

This led to:

• Summoning orders being issued

• Travel and legal expenses

• Humiliation in society

• Health deterioration of the elderly parents

Such blanket FIRs are common in India, often filed with a view to exert maximum pressure on the husband’s side. This practice has been criticized by the Supreme Court in several judgments.

⚖️ Legal Remedy: Section 528 BNSS

Facing humiliation and legal harassment, Ravi filed a Section 528 BNSS Petition before the Allahabad High Court (formerly Section 482 CrPC), seeking:

• Quashing of FIR and charge sheet

• Stay on trial proceedings

• Protection of fundamental rights of innocent family members

✍️ Why Section 528 BNSS?

Section 528 BNSS reads as follows:

“Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders... to prevent abuse of the process of any court or otherwise to secure the ends of justice.”

This gives High Courts the power to quash criminal proceedings where:

• The FIR is false and malicious

• The prosecution is vexatious or harassing

• The allegations do not disclose a cognizable offence

• The case is a private dispute given a criminal colour

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📑 Grounds for Quashing the Proceedings

Some of the main grounds raised in Ravi’s petition were:

1. Malafide intention behind the FIR, filed after 18 months of separation.

2. Vague and generalized allegations with no specific role assigned to each accused.

3. Contradictory statements made by the complainant in police and court.

4. Medical reports not supporting physical assault allegations.

5. All monetary transactions were voluntary and in complainant's own name.

6. Exploitation of legal process for coercion and revenge.

7. Elderly parents being dragged into litigation without reason.

8. Misuse of Section 498A IPC and 3/4 D.P. Act, as warned by higher courts.

9. No prima facie offence made out even if entire FIR is accepted as true.

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🧑‍⚖️ What Courts Have Said on the Misuse of 498A IPC

Over the years, the Supreme Court and High Courts have observed that Section 498A IPC is often misused:

“The simplest way to harass is to get the husband and his relatives arrested under 498A.”
— Supreme Court in Sushil Kumar Sharma vs Union of India, (2005)

“There is a growing tendency to rope in all relatives of the husband in the FIR, irrespective of their involvement.”
— Supreme Court in K. Subba Rao vs State of Telangana, (2018)

Such judicial observations form strong precedents while seeking relief under Section 528 BNSS.

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📌 Key Learnings from This Hypothetical Case

1. Not every matrimonial dispute is a criminal offence.

2. False dowry FIRs can cause irreversible damage to innocent families.

3. Magisterial statements under BNSS Section 183 hold critical evidentiary value.

4. Medical records, financial trails, and timeline can expose falsehoods.

5. Courts are increasingly cautious about misuse of Section 498A IPC.

6. Section 528 BNSS is a powerful tool to protect innocent persons.

7. Proper legal drafting and supporting evidence is essential for success.

8. It is important to maintain documentary proof of all transactions and communication.

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✅ Conclusion

In this hypothetical case, we saw how a young couple's failed marriage escalated into a criminal case that threatened to destroy the lives of an entire family. By using Section 528 BNSS, the accused were able to present their side of the story and seek relief from the High Court.

While our laws must protect victims, they must also guard against misuse.

Legal provisions like 498A IPC and 3/4 Dowry Act are critical—but they must be applied carefully, with judicial oversight.

If you're facing a similar situation—whether falsely implicated, or needing assistance in filing or defending a Section 528 BNSS petition—professional legal drafting can make a crucial difference.

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