The violence that affects a person’s life in every way – physically, mentally, emotionally and psychologically is known as Domestic Violence. It is a violation of a basic human right. Since there is no legislation protecting men, domestic violence against them is virtually nonexistent. Because of this, there are several instances where women assert their legal rights and file bogus complaints against their spouses in an effort to harass them.

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.

Steps to defend yourself and your family:

Apply for anticipatory bail

You must first file for anticipatory bail in order to protect your family and yourself from being detained and falsely accused. You must gather proof against the allegations, such as phone logs, emails, images, and testimonials from your neighbour’s who back you. Obtaining proof that you have not accepted the dowry and that your wife left the marital residence without a good reason is crucial. All of information will support your request for anticipatory bail.

To address false accusations, several states have distinct protocols. For example, in Delhi, Haryana, and Rajasthan, the complaint may be transferred to the women station, Mahila Thana, where attempts are made to mediate a resolution between the parties; if that fails, a FIR is then filed. Both Uttar Pradesh and Bihar follow distinct procedures. You should contact a competent criminal attorney right once if a formal complaint is filed against you or your family.

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)- SECTION-9 OF HINDU MARRIAGE ACT,1955

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 must provide evidence in court to support the charge she made against you. Gather evidence against your spouse so you can counter her untrue accusations. It is a tough task to prove your innocence, so you should look for legal counsel right away. As an ally, you should share and give your attorney pertinent information. One crucial step in establishing your innocence is the cross-examination.

Questions shaking credibility of the witness: Cross-examination

*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.

To prove that you could not have violently attacked your wife and that you have always stood by her, you will need witnesses. Be aware that witnesses who are interested, such as your family or relatives, should not make statements. Your neighbor’s housekeepers, etc. could be the witnesses.

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.

False charges of domestic violence are ground for divorce

The Supreme Court 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. 

You must carefully protect your family and yourself from false accusations of domestic abuse because they may be extremely detrimental to one’s image. You must engage the community, seek neighbor’s use character witnesses who can assist in disseminating the information proving the accusations are untrue, etc.

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