Women Using False, Frivolous Cases As 'Arm-Twisting' Tactic For Lucrative Settlements: Supreme Court

The Supreme Court has flagged the filing of false and frivolous cases by spouses against one another as an ‘arm-twisting’ method so as to reach a more favourable outcome or more lucrative monetary settlement.

A Justice BV Nagarathna led bench has said that while courts are cognizant of the fact that there are genuine and bona fide cases in the courts wherein the aggrieved parties are genuinely looking for relief and respite from the actions and omissions of their spouses, that often require immediate care and attention of the courts of law and public authorities, such cases get frequently overshadowed and obscured by the overwhelming number of false and frivolous cases filed by spouses against one another as an ‘arm-twisting’ method so as to reach a more favourable outcome or settlement or more lucrative monetary settlement. 

Court has cited the example of an offshoot or a species of vexatious and frivolous litigation in family disputes, particularly, a ‘matrimonial bouquet’ that is presented by the estranged wife against the husband and his family out of personal animosity and spite once the relationship turns sour and rancorous and vice versa. As per the top court, this ‘matrimonial bouquet’ often includes claims of dowry demands; cruelty under 498A IPC; harassment by in-laws and domestic violence, made by the complainant against her spouse and in-laws. This set of cases frequently include bogus and empty allegations and false claims of harassment, cruelty and marital hardships that, more often than not, contain little to no substance at all and are usually not backed by any material or other documentary evidence, Justice Nagarathna has highlighted.

"The onus is on courts to be careful and cautious so as to separate the wheat from the chaff and separate the genuine cases of matrimonial oppression, rape and offences against women from the cases wherein the legal process and procedure is being used as a tool to file false and frivolous cases out of vengeance. While doing so, care should be taken to ensure that the rights and freedoms of innocent parties are not trampled or arbitrarily taken away by unscrupulous and baseless litigation," Justice Nagarathna has observed.

 A recent trend in this regard, as highlighted by the Supreme Court, is of a wife resortiing to filing false complaints under POCSO Act alleging that the husband, who is also the father of the minor child, has committed wanton acts which are sexual in nature especially against the minor daughter. As per the Supreme Court, at the centre of this sort of litigation is a child who is often used by her mother against her father, against her will and wishes, so as to make false and vexatious complaints against her father and other male members of her paternal family in order to exact revenge or as an arm-twisting tactic to obtain a higher monetary settlement or to simply harass. 

The Supreme Court has called for a pragmatic approach bearing in mind the recent trend of criminal litigation in the country wherein the legal machinery and statutes are being used as a tool by mischievous litigants so as to create unnecessary hurdles and punish unsuspecting and often innocent citizens particularly in the sphere of matrimonial disputes. 

"The litigating parties and their advocates should also be cognizant of the fact that such vexatious filing of false and frivolous claims and cases cast unnecessary burden on the already overburdened machinery and apparatus of the State and Judiciary. This factor also diverts the attention of courts and its resources whereas genuine cases of the parties with actual verifiable grievances are not being able to be adjudicated in time owing to the time spent in adjudicating upon phantom claims of mischievous litigators seeking to create litigation out of thin air or in the absence of a cause to do so," the bench also comprising Justice Ujjal Bhuyan has added.

These observations came to be made by the Supreme Court while quashing a POCSO case filed by a mother against the father of her minor daughter, alleging he had sexually harassed her. Allegedly, father of the victim, an alcoholic, used to make the prosecutrix watch pornographic videos and thereafter raped her when she was fourteen years old.

Court noted that the complainant wife had also filed cases under Sections 498-A, 323, 324 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act, 1961. A complaint case was also filed under Sections 12, 17, 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2005. Divorce proceedings were also filed by the husband.

While quashing the POCSO case, the bench observed as parting remarks that vexatious litigation in the realm of matrimonial disputes based on frivolous and false allegations should be discouraged by the courts and the members of the bar. Advocates ought to advise their clients against the initiation of frivolous criminal proceedings against their spouses rather than encouraging them to do so, court has said.

Case Title: ISHWAR CHAND SHARMA & OTHERS vs. STATE OF UTTAR PRADESH & ANOTHER