Misuse Of Section 85 Of Bharatiya Nyaya Sanhita, 2023 In Divorce Cases

ABSTRACT

This research paper examines the growing phenomenon of legal provisions designed to protect married women from being strategically exploited in divorce proceedings. The study focuses on how specific protective laws, created to prevent domestic abuse and harassment, are increasingly being weaponized in marital disputes. Through an analysis of recent court trends and legal patterns, the paper identifies several concerning developments in implementing these laws. The research reveals that approximately four out of ten cases filed under these provisions show signs of being exaggerated or fabricated for tactical advantage in divorce settlements. This misuse not only burdens the already overworked judicial system but also creates lasting damage to family relationships and reputations. More alarmingly, the study finds that such exploitation ultimately harms genuine victims by creating skepticism around legitimate cases. The paper proposes a balanced approach to reform, suggesting practical measures like mandatory verification of complaints before arrests, cooling-off periods for emotionally charged disputes, and financial penalties for provably false cases. These recommendations aim to maintain the protective purpose of the legislation while preventing its misuse. The findings contribute valuable insights to ongoing discussions about legal reforms needed to address this complex issue affecting India’s family law system. By presenting statistical evidence and qualitative analysis, this research provides a comprehensive perspective on balancing better women’s protection with preventing legal abuse in matrimonial cases.