How to fight false dowry and domestic violence cases?
Do husband have any right ?
It’s a tough question and the answer is more tougher. Generally speaking it’s wife who have got many rights against husband and in-laws.
Be it, infamous Dowry act, 498-A, 406 IPC and so forth or Domestic violence act.
Section 498-A of the IPC is a criminal law wherein the wife, and her parental family can charge any or entire husband”s family of physical or mental cruelty.
The family members who are generally charged under this act, include, mostly women, of all ages (unmarried, wedded sisters of the spouse, his mother and sister-in-law, old grandmothers and aunts.
Even, other maternal and fatherly family members and even small kids in the family are not spared.
Today, as per a tough estimate, 40000 such cases are filled every year and on average of 5 members from husband family are implicated in 498-A cases, affecting over two lakhs individuals.
As if it was not enough, we have another, Domestic Violence Act. This law is again pro-women and anti -men. Numerous husbands and their relatives fastly implicated in these cases have committed suicide.
Numerous courts including SC have taken note of women role in falsely implicating husband and his family but still today not much exist on ground to protect husband and his family.
However, the best remedies against these two laws could be categorised in two. First, defensive and second offensive.
- Record all conversations (voice, chat, email, letters, and so on) with those threatening and keep the originals in a protected place and not produce the actual evidence before anybody.
- Gather evidence to demonstrate that they have neither demanded dowry nor have accepted it nonetheless.
- Gather evidence to demonstrate that the wife moved out of the obligation of marriage for no legitimate explanation.This evidence will be productive at the time of getting anticipatory bail or notice bail from the Court.
- Document RCR (Restitution of Conjugal Rights)- Suppose the wife has left her husband’s place after all the threatening. In that case, men can file RCR (Restitution of Conjugal Rights) referencing the conditions that she ought to concur on before she begins living with her husband once again.
Men can file counter cases against their wife to present the defence stronger and expect an earlier settlement. The following is a rundown of counter cases they can file to reinforce their case.
- Section of 120B IPC, 1860:Punishment of Criminal Conspiracy,
- Section 167 of IPC, 1860, Public servant outlining a wrong document to cause injury.
- Section 182 of IPC, 1860, false information, with the intent to cause public servant to utilize his legal capacity to the injury of someone else
- Section 191 of IPC, 1860, Giving false evidence:
- Section 197 of IPC, 1860, Issuing or signing a false certificate
- Section 471 of IPC, 1860, Using as genuine a forged document or electronic record.
- Section 500 IPC, 1860: Defamation
- Section 506 of IPC, 1860, Punishment for Criminal Intimidation
- Section 227 of Cr.P.C.,1973, false complaint.
- Section 9 of CPC, 1908,Damage recovery case.Alarming rise in false crime
Alarming rise in false crime
The false objection against men is increasing each day, and it’s a significant issue as it disregards basic fundamental liberties. The issue is obscure to anyone; everyone knows how women abuse the law’s provisions to satisfy their unlawful demands against their spouses.
The Supreme Court is additionally working hard on bringing amendments to laws protecting Indian men. In this light, in its judgements, the Court laid out a few rules against the arbitrary arrest of men in section 498-A cases.
Dr Ajay Kummar Pandey
Advocate & Consultant
BestBrain Consultancy Grp.
4C Supreme Law International
+91 98183 20572
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