NEW DELHI: The Supreme Court on Tuesday in its order rejected a Public Interest Litigation (PIL) filed by an NGO, seeking balanced protection for all parties in matrimonial cases, including mandatory preliminary probe before filing of domestic violence (DV) cases against false complaints.A two-judge bench of the apex court, headed by Justice Surya Kant and also comprising Justice N Kotiswar Singh, refused to entertain the PIL, filed by NGO Janshruti (People’s Voice).Before rejecting the PIL, Justice Kant orally observed that we understand that it’s a spicy news item (for the petitioner) that Section 498-A (Cruelty inflicted on a married woman by her husband or his relatives) of the Indian Penal Code (IPC) was being misused. “You (asking the petitioner’s lawyer) tell me where are the instances of misuse?”, Justice Kant orally remarked.The bench of the top court said, “We see no reason to interfere with the legislative policy behind Section 498-A of the IPC. The allegation (by the petitioner) that the provision is being misused is vague and evasive, as no opinion is given with respect can be formed while exercising jurisdiction under Article 32 of the Constitution. Suffice it to observe that such an allegation can be examined on case-to-case basis.”When the petitioner’s lawyer, pleaded that some provisions, including that of Section 498A IPC, were being allegedly misused by women, the court warned that such sweeping statement can’t be made.
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