RIGHTS OF HUSBAND IF WIFE FILES A FALSE COMPLAINT

 1,740,820 total views,  394 views today

Marriage in India is regarded as the institution of junction of a girl and a boy to sun the social status in the society. It’s frequently like an institution created by itself. But sorely these days, this institution of marriage is fluently broken. There has been an increase in the number of the breakdown of connubiality each time either due to the fault of the hubby or the woman . The woman can file a complaint against hubby under Section 498A, IPC, The Hindu Marriage Act, 195 and the Domestic Violence Act, 2005. still, there were cases where a woman introduced a false complaint against her hubby. In similar cases, the hubby had no remedy since the laws of India are listed towards in favour of women. It’s clear from this illegal nature of laws that unlike other laws of India, the Burden of Proof in laws dealing with protection of women lies on the indicted to prove his innocence which means that the hubby and his family members are incontinently restrained as soon as woman lodges an FIR that’s without an occasion of being heard, they’re considered as indicted. IPC doesn’t define the term atrocity. The courts in India have regarded atrocity as an inhuman act that causes internal mourning’s and threatens the health and life of another person. There can be internal as well as physical atrocity either by hubby or woman . Section 13( 1)( i- a) of The Hindu Marriage Act, 1955 provides atrocity as one of the grounds for divorce and party seeking divorce must prove that it has come insolvable for hubby and woman to live together. 

FACTS OF THE CASE

---

In the above matter, the complaint was filed by the wife against her husband and his family members under Section 498 A read with Section 34 of Indian Penal Code. Thereafter, the Husband filed a petition praying for divorce on the ground of cruelty and on other grounds. The petition of the wife was dismissed as the prosecution failed to provide sufficient evidence to the court, and hence the court acquitted the accused. In the meantime, the divorce petition of the Husband was allowed on the ground on cruelty. The first appellate court set aside the order for divorce. The Husband filed an appeal against it.

ISSUE RAISED

The question which came before the High Court was whether the appellate Court was justified in reversing the order of the Trial Court granting a divorce to husband on the ground of cruelty especially when the husband has been acquitted under Section 498A, IPC?

The Supreme Court after entering a lot of false complaints by the women against their misters has settled the law related to atrocity against the Husband. In Mrs. Deepa Lakshmi Saehia Zingadev. Sachi Rameshrao Zingadeṅ the woman filed a complaint against her hubby stating that he has anextra-marital affair which latterly was proved. Court considered similar act of woman atrocity against her hubby. also, in Anil Bharadwaj. Nimlesh Bharadwaj the court held that the turndown of the woman to have sexual intercourse with the hubby amounts to atrocity against the hubby. Other grounds of atrocity against the hubby are- 1 Adultery by wife during the lifetime of marriage. 2 Misuse of Section 498A, IPC, the Domestic Violence Act, 2005 and other laws. 3 Desertion by wife 4 The Cruel behaviour of a wife. 5 Initiating criminal proceedings against the husband and his family members with malafide intention, etc.

therefore, looking to the striking reality where woman frequently falsely implicates her hubby, I’m of the opinion that the verdict by the Bombay High Court is completely justified, and, thus, similar decision must be observed each over the country to help the institution of marriage and to discipline those women who try to mislead the court by filing false complaints against their husbands

 498A. Husband or relative of husband of a woman subjecting her to cruelty Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation For the purpose of this section, “cruelty” means any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or  harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Acts done by several persons in headway of common intention when a felonious act is done by several persons in headway of the common intention of all, each of similar persons is liable for that act in the same manner as if it were done by him alone.