Legal Remedies Against False Allegations by Wife
In the past few years, India as a country has witnessed a drastic shift in the criminal judiciary. This is a result of the system being in tune with the needs of society. However, India has always been biased toward women, as most scholars put it that India has extremist measures to protect women.
For instance, you could refer to section 498-A which is the offense of subjecting one’s wife to cruelty. Offenses like these are both non-bailable and non-compoundable. Hence, one can imagine the consequences a husband would have to face if such allegations on part of the wife are merely not the truth.
In fact, in cases of false allegations, the gravity of the situation does not only fall on the shoulders of the husband but also puts his family in jeopardy since, on a mere complaint by the wife, the whole family can be jailed.
Hence, in situations where women try to take unwarranted advantage of this privilege that the legal system offers them, it is imperative that men are aware of the legal remedies against false allegations by wife.
Legal Remedies Available to a Husband Against False Allegations From His Wife in India
Let us set the threshold of remedies by putting forward two basic choices: in reality, litigating any dispute in Indian courts is not as expeditiously dealt with as one would hope. Hence, either you defend yourself in court and let the law take its own course or you file a countercase against your wife and give it your best shot.
A few things to be cautious about while you find your way out of this situation are:
- Never be threatening or abusive in telephonic conversations or emails, chats, SMSes, etc. In fact, if your wife is behaving in that manner and threatening you then you must record such conversations and store them for evidence’s sake.
- Obtain proof that they haven’t requested dowry or accepted it despite that or both.
- Collect evidence to show that the woman left the marriage’s obligations without a good reason.
However, if you have decided to take remedies against false allegations by your wife, there are a few charges upon which you can base your case, they are :
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Section 120B, IPC, 1860 : Criminal Conspiracy
By this, we imply that the wife is alleging to conspire to commit a crime against the husband and his family.
Section 182, IPC, 1860: False Information with the Intent to Cause Public Servant to Utilize His Legal Capacity to Injure Someone Else
Please be aware, that “injure” in this context can mean whether physically, emotionally, psychologically, etc. Typically, when a public official uses his authority to accomplish something that is probably not going to happen, false information is spread to undercut the facts.
Section 167, IPC, 1860: Public Servant Outlining A Wrong Document To Cause Injury
In situations, where the husband is convinced the police officials are aiding the wife in putting forward a false complaint whilst framing false documents, then he can file a case against them for the same.
Section 500, IPC, 1860 : Defamation
With a wife placing false allegations on her husband of cruelty, dowry, etc., one cannot comprehend the damage that is done to the husband’s reputation. Hence, one can take the other to court for the harm incurred as a result of their malicious and ill-conduct.
Section 506, IPC, 1860 : Criminal Intimidation
If the wife is threatening to hurt herself or the husband’s family or his property, this could be very mentally anguishing and rather torture to the husband and he can very well make a complaint on this ground.
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Section 227, CrPC (Code of Criminal Procedure, 1973) :
If the husband thinks that his wife’s complaint is untrue, he may make a complaint under section 227 claiming that his wife’s 498-A case was falsely filed. The likelihood is that the judge will dismiss the 498-A case as being fabricated if the husband has sufficient evidence or if the woman requires additional proof to support the allegations.
Whether together or separately, one can make use of these sections and what is prescribed under the same for situations when the wife deserts the husband to bring their cohabitation to an end, pressurizes the husband to leave his home and live away from their parents, threatens to file false claims and initiate criminal proceedings against him, etc. which are all examples of cruelty against the husband.
Recently, the High Court of Delhi came to the rescue of a husband when his wife claimed that the trial court had sidelined her allegations of harassment for dowry and torture by in-laws.
When in reality, on the basis of no evidence found by the High Court while additionally observing that in a thirteen-year-long marriage, there were absolutely no complaints of demand for the dowry that was lodged by the wife against the husband or his family.
The High Court of Delhi thus upheld that such false police complaints result in one’s loss of reputation and societal image at the instance of one’s spouse.
Conclusion
The false allegations against men are growing more prevalent every day and are a serious problem since it disregards fundamental liberties. Anyone can understand the problem since everyone is aware of how certain women manipulate the legal system to get what they want from their husbands without following the procedural law.
In addition, the Supreme Court is working hard to change the legislation that safeguards Indian men. In light of this, the Court established a few guidelines in its rulings prohibiting the arbitrary arrest of men in situations under section 498-A for remedies against false allegations by wife.
