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Writer's picturethelila500
Nov 14, 20223 min read

How Husband Prove False Allegations By Wife In Court

Over the past seven decades, India has created and altered a large number of laws protecting women, all with the specific aim of advancing and defending Indian women's rights. Nevertheless, in recent years, a number of activists have spoken out against such discriminatory legislation and recommended harassed women seek a divorce in India.


Over the past few years, there has been a discernible increase in fraudulent 498A cases and the abuse of Section 498 of the IPC. The 498A is frequently used as an easy method to resolve conflicts when there isn't a clear-cut consensual divorce procedure. These rules have been shown to not protect or acknowledge the abuse committed against men when compared to women, highlighting a glaring inconsistency in the system. The husband will require a divorce attorney to handle these bogus accusations, such as cruelty in divorce situations. Depending on where the wife filed the action, a lawyer may be appointed. If the case was filed in Kolkata, Divorce Lawyer In Kolkata should be appointed. Divorce Lawyer In Mumbai should be chosen if the case has been filed there. Similarly, Divorce Lawyer In Noida should be selected if a case has been filed there.

Available defenses against false accusations Include: If their wife makes an inaccurate complaint against them, a man has two choices: either defends their case and waits for the outcome or file a counter-complaint against their wife and prove them wrong. Men may file counterclaims against their spouses in an effort to fortify their case and hasten the process of resolution. They have the following alternatives for protecting themselves and their family:

  • Keep copies of any correspondence (including phone calls, chats, emails, and letters) with threatening parties in a secure location and avoid presenting the actual proof in front of anyone.

  • Gather proof that the woman abandoned her marriage's commitments without justification.

  • Obtain evidence that they did not ask for dowry, that they did, but still accepted it or both.

  • This information will be useful if the defendant asks the court for an anticipatory bail or notice bail.

  • According to Section 182 of the IPC, 1860, it is unlawful to provide false information in an effort to persuade a public employee to act injuriously toward another person. When a public figure wields his power to effectuate a likely impossibility, false information is frequently spread to cast doubt on the facts.

  • IPC Section 167 of 1860 drafting a fraudulent paper with malicious aim The spouse may file a lawsuit against the police, claiming that they helped their wife fabricate documents and file a false complaint, if he has reason to believe that they are doing so.

  • A husband against his wife might file a complaint under Section 120B of the IPC, 1860, as she is preparing to commit a crime against him and his family. This is a punishment for criminal conspiracy.

  • IPC Section 191, 1860: The spouse may submit a case asserting that the evidence being used to prosecute him is phony, rendering the charges against him altogether fraudulent, if he feels that his wife or another person is presenting false evidence against him in court or at the police station.

  • In accordance with CrPC section 227. If the husband believes that his wife filed a 498-A case in error, he has the authority to claim that she made a fraudulent claim. If the judge has enough evidence or if the wife needs more proof to back up the charges, he or she could reject the 498-A case as being made up.

  • Section 500 of the 1860 IPC: Defamation The most valuable asset is one's reputation. As a result, if someone slanders someone, they may use any and all legal measures to hold them accountable for the harm caused by their bad behavior. They will have the financial resources to make up for the losses.

  • Punishment for Criminal Intimidation under Section 506 of the IPC, 1860: The husband has the right to sue the wife for allegedly making threats against him, his family, or his property. Once more, the evidence is the only thing that can back up his claims.

  • CPC, 1908, Section 9, Damage Recovery Case: If the wife enters the husband's home, causes a disturbance, and contacts a "protection authority" while falsely alleging that the husband tormented her "emotionally, physically, or financially," the husband may file a damage recovery lawsuit under Section 9 of the CPC against her. He must formally give notice on the same day, or close to it. The legal battle will go on for a while.

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