Rights of husbands in dowry and cruelty-based complaints By Ishita Dutta @LEXCLIQ

Lately, the criminal law has gone through some extremist changes to protect women, which has led to giving more teeth to the existing laws . As these laws are non-compoundable and non-bailable, the chance of compromise between the spouses after suit is close to nil. It implies when the complaint is made, everyone named in the complaint is blamed in the law’s eyes.

Section 498-A of the IPC is a criminal law wherein the wife, and her parental family can charge any or the entire husband’s family of physical or mental cruelty. Even on a single complaint of the wife, the husband and his whole family can be confined in a jail, with an estimated 40,000 allegations for every year and an average of 5 individuals from the husband’s family implicated in each of these 498-A cases, around 200,000 individuals are straightforwardly affected by these cases.

It is pertinent to note here that, the genuine victims of the evil of dowry, the rural Indian women are not educated about their privileges and neglect to utilize these laws. Be that as it may, some Indian urban educated women have reversed the situation and are utilizing these laws as a weapon to release individual feud on their spouses and innocent family members.

The most recent addition in women’s lawful cannons is ‘The Protection of Women from Domestic Violence Act.’ This law is pro-women and anti-men and assumes each man as a virtual torturer and assumes women to be the casualties. This law is profoundly vague and discusses verbal/financial and psychological mistreatment of women. Numerous husbands and their relatives, falsely implicated in these cases have committed suicide after being imprisoned, unfit to bear the social trauma.

Hon’ble Supreme Court and different High Courts have time and again demonstrated worry over this developing danger by seeing that “By abuse of the section (IPC 498-A – Dowry and Cruelty Law) new legal terrorism can be released. The section is expected to be utilized as a shield, and not as a professional killer’s weapon says the Hon’ble Supreme Court. Simply because the section is declared constitutional, it doesn’t permit deceitful people to wreck individual quarrel.

In the case of Sushil Kumar Sharma vs Union of India and others, the Hon’ble Supreme Court held that “the object of the provision is the prevention of the dowry menace. But as has been rightly contended by the petitioner, many instances have come to light where the complaints are not bona fide and have been filed with oblique motive. In such cases, the acquittal of the accused does not, in all cases wipe out the ignominy suffered during and before trial. Sometimes negative media coverage adds to the misery. Therefore, the question is what remedial measures can be taken to prevent abuse of the well-intentioned provision. Merely because the provision is constitutional and intra vires, does not give unscrupulous persons a license to wreck personal vendetta or unleash harassment. Therefore, it may become necessary for the legislature to find out how the makers of frivolous complaints or allegations can be appropriately dealt with. Till then, the Courts have to take care of the situation within the existing framework.”

Ample opportunity has been given to the legislators, law implementation organizations/judges to pay notice and review these laws in the public interest to check the developing abuse of these laws to guarantee impartial justice and protect the sacred and pious institution of marriage.

Men can protect themselves and their family from being sent to prison given the false complaint. They have the following alternatives to safeguard their family and themselves: Record all conversations with those threatening and keep the originals in a protected place and not produce the actual evidence before. He can gather evidence to demonstrate that they have neither demanded dowry nor have accepted it, Gather evidence to demonstrate that the wife moved out of the obligation of marriage for no legitimate. This evidence will be productive at the time of getting anticipatory bail or notice bail from the

Men can file counter cases against their wife to present the defense 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 – Husbands can file a case against their wife alleging that she is conspiring to commit a crime against him and his family.

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 What usually happens is that the public servant in his power accomplishes something which probably won’t be a reality, so, false information is circulated to depress the evidence.

Section 191 of IPC, 1860 – Giving false evidence – If the husband presumes that his wife or anyone is introducing false evidence against him in the Court of law or police headquarters, he can file a case asserting that the evidence which is being utilized to prosecute him is false, which consequently make the total charges false.

Section 500 IPC, 1860 – Defamation – Reputation is one’s greatest treasure. So on the off chance that somebody attempts to defame a person, he/she may use any, and all means can drag them to Court for the harm endured due to their ill-conduct. They will be qualified to pay the harms by monetary terms.

Section 227 of Cr.P.C, 1973 – If the husband believes that the complaint filed by his wife is false, he can file a complaint under section 227 expressing that the 498-A case filled by his wife is bogus. In case that he has enough evidence, or on the off chance that the wife needs more proof to substantiate the charges, the chances are that the judge excuses the 498-A case as it is a framed one.

Section 9 of CPC, 1908 – Damage recovery case – If the wife breaks into the husband’s home, makes a scene, and goes to ‘protection official’ and falsely claims that the husband tortured her ’emotionally, physically or monetarily’, the husband can file a damage recovery case under Section 9 of CPC against his wife. Legitimately, he should give notice around the same time or the following day. The suit will proceed for quite a while.

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.

 

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