False Domestic Violence Case: Legal Options in India

Domestic violence is abusive behaviour in a domestic setting, such as marriage or cohabitation. Domestic violence also involves violence towards children, parents and husband, in the broadest sense. Domestic violence is a globally prevalent phenomena and exists in different forms all over the globe. There are different forms of domestic violence prevalent in the world, like

  • Emotional abuse
  • Physical abuse
  • Harassment
  • Financial abuse
  • Reproductive and verbal abuse
  • Bride burning, domestic cruelty, dowry deaths
  • Stoning, disfigurement or death

Domestic violence is a social evil and it takes place in several forms. It is said to be a coercive form of violence and women are globally subjected to the different forms of violence.

Causes of Domestic Violence

  • Cycle of abuse
  • Inter generational violence and varied forms of violence
  • Biological and psychological abuse with regard to change in the mental and physical differences between men and women
  • Social and personal stress
  • Conflict of opinion
  • The irrational ideology of power and control
  • Prevalent non subordination theory
  • Feminist legal theories and people’s changing rationale

However, in several instances, women have been seen taking benefit of the legislation availed to them, in order to satisfy their due interests and to come out of the marriages and the legal consequences. Allegations of domestic abuse or any kind of harassment while seeking separation in the form of divorce are too common. Men and women often allege different kinds of harassment and abuse by their partners in their relationship. There have been instances where women have misused the power given to them under section 498 A and Dowry act. These acts have been strongly condemned in past and even now, the Indian legal system makes sure that one doesn’t misuse the very rights proclaimed for their own safety and security.

In case a false allegation is imposed on someone, he or she should

  • Keep record of all the conversations
  • Keep the collection of all possible and probable records
  • Should inform the concerned authorities
  • Should be alert and attentive
  • Should trust the legal consortiums and legal aid
  • Should safeguard one’s family members
  • And the victim should file an official complaint at the earliest possible time

Usually, men face such issues because the aren’t trusted by the people around them. There are several laws that favour men in case of fake allegations such as

  • Sec 120 B, IPC, 1860 – filing case against wife when she is conspiring to commit a crime
  • Sec 182 IPC – remedy when false information is circulated so as to depress the evidence
  • Sec 167 IPC – remedy against role of police officers in helping your wife to make false complaint and framing incorrect documents against you
  • Sec 471, IPC – using a forged document as a genuine document, etc.

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