Domestic violence is defined as violence that affects a person physically, mentally, sexually, or emotionally. Domestic violence can be broken down into two parts: domestic violence refers to violence or harm done to a person within the confines of a household, and violence refers to harming a person’s life and property, which can sometimes result in death. Domestic violence is a breach of the country’s basic human rights, which are guaranteed to every single Indian citizen. Violence has become a life-threatening issue in many places around the world. India agrees and has offered protection against violence, but unfortunately just for women. Domestic violence against males is virtually non-existent because there is no basis for it in the law, and as a result, many women file bogus cases against men in the hopes of exacting retribution or harassing them.
If a false case is registered by a wife against her husband then two things can be done, namely, at first to defend yourself and wait for the judgement from the court or file a counter case on your wife. Both can be further explained. If you are ready for defence (husband), then at first you require to safeguard yourself and your family from being arrested on false allegations by filing or getting an anticipatory bail or any other such thing that totally depends on the situation at that time. Further one needs to collect as much proof as possible to protect themselves for example call records, emails, photographs, messages, statements of neighbours and localities and many such things. Collecting evidence on not taking dowry and that the wife has moved out from the bond of marriage without any valid reason. The evidence will help during anticipatory bail or on getting notice of bail from the court.
Hundreds of cases have been reported in which the husband and his family have been imprisoned. As a result, once the FIR has been filed, the first step should be to protect the family by filing for bail or anticipatory bail. To cope with the problem of false cases, different states have different methods in place. For example, in Delhi, Punjab, Haryana, and Rajasthan, the complaint is first referred to Mahila Thana, where attempts are made to reach an agreement between the couple, and if that does not happen, a FIR is filed. In places like Uttar Pradesh or Uttarakhand, the FIR is filed, but you have a month to settle it, whereas in Bihar, people are detained on the scene and anticipatory bail is tough to obtain. When the fake case is filed, the husband must also file a blackmailing and false claims complaint with their local police station. Because the police officer usually creates a lot of situations when filing the FIR from the husband’s side, you should seek the advice of a skilled criminal lawyer. If the wife has left the husband’s home without good reason, one can submit a complaint under the Restitution of Conjugal Rights RCR, and before she returns, the husband can impose numerous conditions for peaceful living. The next step in defending oneself is to raise the problem of a fake case by writing letters to the media, human rights organisations, and other organisations. This can be accomplished by utilising social media channels and telling friends, families, and community members about the bogus case. Another option that can be taken is to go on the offensive by bringing a counter-suit, but this requires the assistance of a lawyer who is well-versed in this sector. A counter case can be filed under a number of different sections.
Section 120B of the Indian Penal Code 1860 deals with criminal conspiracy, and if a false complaint is filed, the husband can file a case against his wife under this section, claiming that her intentions are to commit a crime against you. Section 167 of the Indian Penal Code 1860 deals with a public servant producing an erroneous document with the aim to injure, and if the husband believes the police are assisting his wife in preparing the false case, he can file a counter case under this section as well. Provision 191 of the Indian Penal Code 1860 deals with giving false evidence, and if a spouse believes or suspects that his wife or another person is presenting false evidence or a fraudulent document against him, he can file a complaint under this section as well. Defamation is defined in Section 500 of the Indian Penal Code 1860, which states that if a man’s reputation, which is his most valuable asset, is slandered by any means, he can take the offender to court and seek punishment or restitution.
Section 120B of the Indian Penal Code 1860 deals with criminal conspiracy, and if a false complaint is filed, the husband can file a case against his wife under this section, claiming that her intents are to commit a crime against him. Section 167 of the Indian Penal Code 1860 deals with a public servant producing an erroneous document with the aim to injure, and if the husband believes the police are assisting his wife in preparing the false case, he can file a counter case under this section as well. Provision 191 of the Indian Penal Code 1860 deals with giving false evidence, and if a spouse believes or suspects that his wife or another person is presenting false evidence or a fraudulent document against him, he can file a complaint under this section as well. Defamation is defined in Section 500 of the Indian Penal Code 1860, which states that if a man’s reputation, which is his most valuable asset, is slandered by any means, he can take the offender to court and seek punishment or restitution.
These bogus cases harm the life and future of the person against whom they are filed, and society does not regard them with the same respect as it did before the filing of the case. There is a lot of time, energy, and money spent, and there is nothing that can be done to compensate for it because there is no way to evaluate the loss of someone’s goodwill or reputation. This must stop because laws are made to maintain peace and harmony in society, but when laws are broken, additional problems occur, things get worse, and the situation spirals out of hand.
One should never settle after a fraudulent lawsuit has been filed since it would just indicate that the spouse is at fault and that is why he agreed to a settlement, weakening his case and damaging his reputation. Following the filing of the counter case, one must first assure the safety and security of their family. Following the security steps done, the next step would be to register this bogus case in the media, social media platforms, with friends, and other locals.
The greatest glory in life is never falling, but rising from each fall. Your time is limited; do not waste it. Even if all of these things occur, one must remain courageous and fight with all of one’s might, for in the end, no matter how strong the falsehood is, it is the truth that triumphs. On the one hand, we see that crime against women is increasing at an alarming rate, and on the other hand, these false cases demonstrate that crime against men is also increasing, and the nation must take steps to control these situations for the betterment and peace of all human beings in society, the nation, and the world at large.
