In Ishwar Chand Sharma & Ors. v. State of Uttar Pradesh & Another [2026 INSC 587], the Supreme Court observed that a growing trend of vexatious matrimonial litigation involving omnibus allegations, false POCSO complaints, and misuse of criminal law as an “arm-twisting tactic” is burdening courts and causing harassment to innocent persons, while simultaneously overshadowing genuine cases that deserve urgent judicial attention.
Matrimonial Bouquet of Frivolous Cases
One particular offshoot, or species, of vexatious and frivolous litigation in family disputes is the “matrimonial bouquet” presented by an estranged wife against her husband and his family out of personal animosity and spite once the relationship turns sour and rancorous, and vice versa.
This “matrimonial bouquet” often includes claims of dowry demands, cruelty under Section 498A IPC, harassment by in-laws, and domestic violence, made by the complainant against her spouse and in-laws. This set of cases frequently includes bogus and baseless allegations, and false claims of harassment, cruelty, and marital hardship that, more often than not, contain little to no substance and are usually not backed by any material or documentary evidence.
Advocates Not to Promote Frivolous Cases
Lawyers/advocates must not advise the filing of criminal complaints that are false or concocted merely to keep the opposite party under pressure, so that they are compelled to come forward for a settlement on terms dictated by their client, or else face a criminal prosecution that can drag on for years.
Courts Get Overburdened with Vexatious Cases
Courts of law are being misused and overburdened by such vague and vexatious litigation between spouses, as recourse to law and the police is often taken in an oblique manner to antagonise, pressurise, hound, and harass the other spouse and their family members, in order to retaliate and exact revenge.
Malicious Cases Overshadowing Genuine Ones
The Supreme Court further observed that while genuine cases of cruelty, domestic violence, and sexual offences deserve urgent judicial attention, frivolous prosecutions end up overshadowing legitimate grievances and burdening the criminal justice system.
Courts Must Exercise Caution to Separate Genuine Cases
The Court emphasised that courts must carefully separate genuine cases from malicious prosecutions initiated to harass the opposite party or to secure favourable settlements. The Bench noted that false and vexatious complaints often contain sweeping allegations against multiple members of the spouse’s family, without detailing the specific role or conduct attributable to each accused.
Implicating Even Aged Persons
The Court observed that such complaints are frequently aimed at widening the net of criminal prosecution by implicating even elderly or distant family members.
