Mishra described the incident as “unfortunate” and emphasised the growing misuse of matrimonial laws, including Section 498A. He pointed out that the law is frequently misused, with many false accusations being made against not just the husband but also his family members.
“The number of genuine cases has decreased, and the whole family gets trapped. Section 498A needs a review. There should be a preliminary inquiry before lodging an FIR, and if a prima facie case is made, then the FIR should be lodged,” Mishra said.
He recommended that a preliminary inquiry should be conducted before filing an FIR under the section and that bail provisions should be liberalised.
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Mishra also stressed the need for legal reforms, suggesting that minor domestic disputes could often be resolved through mediation rather than through litigation. “Women file cases of 498A even for petty issues. Many such matters can be solved through mediation without needing to go to court,” he said. He also proposed that provisions related to bail should be liberalised and that courts should act more promptly to quash frivolous cases.
What other lawyers say?
Advocate Vikas Pahwa, a criminal lawyer, also weighed in on the issue, calling the misuse of Section 498A a “serious matter” with wide-reaching social implications.
“I have seen how 498A has been misused by the legal fraternity, the police, and disgruntled women over the past three decades,” Pahwa said. He noted that while there are genuine cases, a significant number of cases are filed to force the husband to settle disputes with monetary compensation.
“False allegations are not only made against the husband but also against his entire family, including the father-in-law, mother-in-law, sister-in-law, and brother-in-law. Most of these cases are false,” Pahwa added, stressing the need for serious action to curb such misuse.
Atul Subhash, a 30-year-old software engineer, was found dead in his Bengaluru home on December 9. Before taking his life, Subhash left behind a 24-page suicide note and a 90-minute video in which he accused his estranged wife and her family of extortion, harassment, and filing false criminal cases against him. Subhash alleged that his wife had demanded a ₹3 crore settlement and ₹2 lakh per month in child support, despite being employed at Accenture. The unbearable harassment, he claimed, led to his tragic decision.
The case has sparked a renewed debate on the misuse of family laws, especially Section 498A, and has prompted widespread calls for reform. BJP leader Jagadish Shettar has called for a thorough investigation into Subhash’s death, demanding that the culprits be punished. Meanwhile, BJP MP Tejasvi Surya has highlighted the need to review family-related legislations, suggesting that gender-neutral laws could help protect both partners in a marriage.
The tragic death of Atul Subhash has cast a spotlight on the flaws in India’s matrimonial laws, with legal experts and political figures advocating for changes to prevent misuse and ensure fairness in domestic disputes. As the public outcry continues, the call for reforms in Section 498A is growing louder, with the hope that the justice system will address these concerns and bring about meaningful change.
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