For every human being, home fulfills the basic need of safe shelter. The priority for a person when settling down in life is creating a shelter by owning a house. The threat is so grave that the legislature has been compelled to enact special legislation for their protection-the Protection of Women from Domestic Violence Act, 2005. Even before the passing of the Act, remedies were available under the penal laws of the country to deal with domestic violence. But the same was not efficacious.
However, there have been instances that the women have started misusing the said provisions for taking undue advantages. Unscrupulous woman’s motivation is to extract money. Many of them are not even bothered about getting a divorce, since probably a married status with maintenance works very well, especially for those with children.
False domestic violence case registered by a wife
If a wife registers a false domestic violence case then you need to defend yourself and you may also file a counter claim against your wife.
In Shabnam Sheikh v. the State of Maharashtra[i]– Justices Z.A. Haq and Amit B. Borkar, allowed the criminal application filed u/s 482 of Criminal Procedure Code, 1973 (CrPC) observed the tendency wherein the relatives of husband are trapped in baseless allegations u/s 498A of India Penal Code, 1860 (IPC). The court stated that no allegations against the applicants constitute offenses alleged.
In Kailash Chandra Agrawal v. the State of U.P.[ii]– The court stated that there has been developed for roping in all relations of the in-laws by the wife in the cases of dowry deaths or such type of similar offenses in anxiety to seek conviction needs to be deprecated.
Steps to defend yourself and your family:
Apply for anticipatory bail
For defending yourself and your family against a false charge and from being arrested you need to first apply for anticipatory bail. You need to collect evidence against the charges including call records, emails, photographs, statements of neighbors supporting you, etc. Very importantly, do collect evidence that you have not taken dowry and that your wife has moved out of the matrimonial house without any valid reason. All this will help you to get anticipatory bail.
Different states have different procedures to deal with false charges such as in Delhi, Haryana, and Rajasthan the complaint could be first sent to Mahila Thana (woman station) and attempts are made for settlements between the couple, and if it failed then an FIR is lodged. The procedure is different in Uttar Pradesh and Bihar. Once an FIR is registered against you and your family you must immediately consult with a good criminal lawyer.
Use social media platforms
Once a false charge is filed against you raise the issue by writing letters to media, human rights organizations, etc. This social media platform is the best way to raise your concern.
Restitution of Conjugal Rights (RCR)
You can file a petition for RCR against your wife mentioning that she has left the matrimonial house without any valid reason.
Seeking proof in cross-examination
Your wife has filed a charge against you and hence it is a must that she has to prove it in court. Collect evidence against your wife to defend yourself against her false claims. To prove your innocence is indeed a difficult challenge and hence immediately seek legal defense. You need to support your lawyer by sharing and providing relevant details to him/ her. Cross-examination is a very important stage to prove your innocence[iii].
Questions shaking credibility of the witness: Cross-examination[iv]
- Wife alleging injury caused by her husband and there is no Medical repot attached then you may contradict her on the said ground.
- Wife alleging false dowry demand charges against you and your family always ask her to produce the relevant bills of jewelry etc.
- Contradictory statements- Highlight the contradiction of 161 statement and examination in chief and content of complaint if there is material contradiction of date/place.
A good cross examination and elicit facts can help men to fight back against false domestic violence case. In a case, wife who claimed that she is unemployed and needs maintenance, later admits in cross-examination that she is earning Rs. 3000. She also claimed that there was a dowry demand, contradicted her statement stating that her husband demanded what she earned out of stitching[v].
You need witnesses in your support who can explain that you could not commit the violence against your wife and you have always supported her. Note that statements should not be given by the interested witnesses i.e. your family members or relatives. The witnesses could be your neighbors, domestic help, etc.
Note that even though the charges are false you need to prove the same through enough evidence. You can mention that your wife is emotionally unstable or she has irrational behavior and hence she filed false charges against you. Working through a strong relationship with the lawyer, the defense against the false accusations may turn the tables and expose the false victim as the liar he or she is.
Maintain Peace
When facing the false accusation of domestic violence you must ensure there are no records of violating orders of peace, restraining orders, or engaging in acts of violence or emotional outbursts with the false victim. Hence, maintaining a peaceful demeanor is very important.
Filing a counterclaim
- A criminal case can be filed under Section 120B of the IPC if the husband finds that his wife is criminally conspiring against him and his family members.
- If false information is given to the police by your wife then you may precede u/s 182 of the IPC. The police officer will write a complaint and will forward it to the concerned officer and criminal proceedings shall start.
- A case can be brought under Section 191 of the IPC against the wife if she is bringing false evidence on record of the court.
- File a countersuit under Section 500 of the IPC i.e. for defamation; you can file a suit claiming that your wife is trying to malign your and your family’s reputation by putting false accusations.
- A counterclaim under Section 506 of the IPC for criminal intimidation can be filed if a wife threatens her husband or his family members.
In 2003 Nisha Sharma accused her prospective husband named Munish Dalal of demanding dowry. The case was widely covered by media and portrayed Nisha Sharma as the youth icon and role model for other women. In 2012 the accused was acquitted and it was found out that the case was fabricated. This incidence reflects the misuse of the provisions by women[vi].
In A.P. Ranga Rao v. Vijayalakshmi[vii]– In the instant matter, a petition was filed against the husband just to harass him with an ill-motive and the allegation against him was not proved[viii].
A court has dismissed a woman\’s domestic violence complaint against her husband and in-laws as frivolous and malicious and imposed a fine of Rs 1 lakh[ix]. The courts stated that “The imposition of cost is in furtherance of the principle that wrongdoers should not get benefit out of frivolous litigations.”
False charges of domestic violence are ground for divorce
The Supreme Court[x] recently held that if a wife makes a false allegation of domestic violence against her husband, then this would amount to cruelty and a valid ground for divorce. In the instant matter, the husband sought divorce alleging that the wife had falsely implicated him and his family members in a domestic violence case.
The Madras High Court stated that unfortunately there is no Domestic Violence Act for a husband to proceed against wife[xi]. In the instant matter, the petitioner claimed that he was terminated from the service based on a complaint filed by his ex-wife, just days before their divorce, where she had accused him of domestic violence. It was observed by the court that \”The timing of the complaint clearly shows that she had anticipated the divorce order and created unnecessary trouble to the petitioner”.
False domestic violence charges are so damaging to ones’ reputation and hence you need to wisely defend yourself and your family. You need to outreach to the community, use character witnesses who could help to spread the details that the accusations are false, approach neighbors, etc.
[i] 2020 SCC OnLine Bom 1752
[ii] (2014) 16 SCC 551
[iii] https://www.hg.org/legal-articles/what-to-do-when-falsely-accused-of-domestic-violence-47030
[iv] https://lexspeak.in/2020/12/cross-examination-questions-you-need-to-ask-in-false-498a/
[v] https://vinayak.wordpress.com/2015/10/11/woman-caught-in-cross-examination-lying-about-dv-dwory-looses-case-gets-no-money-delhi-mm-court/
[vi]https://en.wikipedia.org/wiki/Nisha_Sharma_dowry_case#:~:text=The%20Nisha%20Sharma%20dowry%20case,from%20Indian%20and%20international%20media.
[vii] I (1990) DMC 567
[viii] https://mensdayout.com/wife-threatening-to-commit-suicide-is-cruelty-to-husband/
[ix] https://www.tribuneindia.com/news/archive/nation/woman-fined-rs-1lakh-for-false-domestic-violence-case-95875
[x] https://www.hindustantimes.com/india/false-charges-of-domestic-violence-is-ground-for-divorce-sc/story-68HvuOMLD2BEiqRAqpVqRM.html
[xi] https://www.indiatoday.in/law/story/madras-high-court-domestic-violence-act-husband-wife-1809900-2021-06-02
