An objective analysis of dowry law misuse in matrimonial conflicts and the urgent need for legal balance and accountability.
Marriage disputes are complex and emotionally charged. When relationships break down—due to incompatibility, conflict, or even extramarital affairs—the legal system is expected to provide fair, proportionate remedies.
Unfortunately, in India, matrimonial conflicts are increasingly being escalated into criminal prosecutions, particularly through the misuse of provisions of the laws.
Sections like IPC 498A and the newly introduced BNS Section 85 have become strategic tools in marital disputes—used not for justice, but for leverage.
As long as, FIRs are registered mechanically, arrest remains a looming threat, false complainants face no legal risk, this will weaponize law." Kumar S Ratan
Criminalisation Instead of Resolution
In many marital conflicts, the core issues are civil in nature:
- breakdown of trust
- incompatibility
- extramarital relationships
- disagreements over finances or lifestyle
- gold digger
Transforming a private dispute into a state-driven prosecution
Instead of opting for divorce, mediation, or civil remedies, criminal cases are often filed at the very outset. The immediate registration of a criminal FIR transforms a private dispute into a state-driven prosecution, bringing arrest, social stigma, and irreversible reputational damage.
This shift from civil resolution to criminal coercion fundamentally alters the balance of justice.
Why False or Exaggerated Cases Are Filed
One uncomfortable reality is that criminal cases provide instant leverage, like arrest or threat to arrest put immediate pressure on husband and family. In all such false cases, the elderly parents distant relatives are named intentionally to increase the intensity of the fear.
- Arrest threats pressure the husband and his family
- Elderly parents and relatives are named to widen fear
- Settlement negotiations become one-sided
- Monetary demands are forced under duress
So such cases are not filed for getting the Justice but to put the pressure. The criminal case is not pursued for conviction, but for bargaining max — and then the cases are withdrawn later in exchange for financial or custodial concessions.
Absence of Deterrence Encourages False Accusations
A major reason misuse continues is the absence of consequences. There is no strict provision against the false accusers women, even the system treats women as "Abla" and ignores their legal wrong acts.
When a false dowry case collapses:
- No automatic action is taken against the complainant
- No penalty exists for malicious prosecution
- Perjury provisions are rarely invoked
- Courts often “close the matter” in the name of compromise
This creates a dangerous perception, that there is no cost to filing a false criminal case. A law without accountability does not deter misuse—it encourages it.", Kumar S Ratan
When criminal law becomes a tool for settlement pressure, the legal system loses moral authority.
True justice lies not in choosing sides, but in restoring balance—where truth is rewarded, misuse is punished, and marriage disputes are resolved without fear, coercion, or legal blackmail.
False dowry case destroy men's careers, it breaks the family to a level where repair is not possible.", Kumar S Ratan