The Supreme Court, in Ishwar Chand Sharma & Ors. v. State of Uttar Pradesh & Another [2026 INSC 587], has cautioned that legal practitioners must not advise estranged spouses to file false matrimonial cases or frivolous complaints under the POCSO Act as a means to harass the opposite party or to secure favourable settlements in matrimonial and family disputes.
The Court reiterated its caution against the growing tendency to foist false crimes against the biological father by alleging sexual abuse of his own child, by misusing the provisions of the POCSO Act, during matrimonial disputes. Such false POCSO cases have become quite common in divorce and separation proceedings involving custody-related issues.
The Supreme Court further observed that frivolous matrimonial prosecutions and false POCSO allegations deserve careful judicial scrutiny to ensure that criminal law is not weaponised as a tool of harassment, coercion, or personal vengeance. The Bench emphasised that courts, investigating agencies, and legal practitioners must exercise caution to prevent abuse of the criminal justice system.
The Court observed that when a criminal proceeding is manifestly attended with mala fide, or is maliciously instituted with an ulterior motive for wreaking vengeance on the accused due to a private and personal grudge arising from a matrimonial dispute, courts owe a duty to subject the allegations to thorough scrutiny. If the allegations are so absurd and inherently improbable that no prudent person can reach a just conclusion to proceed, the criminal complaint and the proceedings emanating therefrom are liable to be quashed to prevent the legal process from being used as an arm-twisting tool. The Court also observed that such misuse of the criminal process contributes to “docket explosion” and diverts judicial time away from genuine cases requiring urgent adjudication.
At the same time, the Court emphasized that genuine cases involving offences against women and children must be dealt with swiftly and vigorously.
Even earlier, in 2019, in Suhara and Others v. Muhammed Jaleel [Mat. Appeal Nos. 182 & 198 of 2019, decided on 10.04.2019], the Kerala High Court, in a Division Bench judgment observed that there is a growing to foist false crimes against the biological father alleging sexual abuse of his own child by misusing the provisions of the POCSO Act, particularly when a serious fight for custody of the child is pending resolution before the Family Courts. The Court stressed that such cases must be handled by Family Courts with utmost caution, especially when matrimonial or custody proceedings between the parents are ongoing.
The Kerala High Court, in XXX v. State of Kerala [2024 KHC Online 692], observed that it is the duty of the court to ensure that no false allegation is levelled against parents, especially when a dispute regarding the custody of a child is pending. The Court added that in appropriate cases, the court should bring the matter to the notice of the police for investigation if a prima facie case under Section 22 of the POCSO Act is made out.
