My wife filed a false complaint case on me Under Section 498A , 3 and 4 of D.P. Act.

There is more number of women victims than compared to men. But there also cases when men fall prey to false allegations. So, men need to protect themselves against these unjust practices as women are not always the victims.

About advocate Swapan Kundu’s opinion

• You need to collect all the evidence and documents. One must collect as many evidence it can prove innocence in the court of law. Indian Judiciary is pro-women, so it may become quite difficult for you to prove the guilt. you can even keep voice recordings as they can help in the court. Text messages or any conversation which can be claimed as a substantial proof can be kept by the man. Also, if there is any proof which shows that no demands were made by yours side for dowry before and after marriage can prove to be strong evidence.
• Try to get an anticipatory bail – if you feel that your wife is going to file a false case against you, hire a good criminal lawyer and get an anticipatory bail. This will help you and your family members from getting arrested. This was held in Rajesh Sharma v. Union of India [3], and allowed the men to take anticipatory bail.
• You can also file an FIR case against your wife for false 498A complaint. Though the police in India do not file such cases, if you have full proofs, they will consider filing your case. Draft a complaint by a good criminal defense lawyer, so that the police do not reject it.
• You can get the FIR quashed by approaching a High Court under Sec 482 of CrPc. Courts are hesitant to quash an FIR which has been filed by police, but if you have substantial evidence to claim your side you can easily get the FIR quashed.
• You can also file a defamation case against your wife for all the lost reputation. Man is a social animal so reputation is very important for him. So, a man can file a case of defamation under Sec 500 of IPC.
• You can also file a damage recovery case under Sec 9 of CPC. If your wife lies that you have physically or economically or emotionally harassed her and all her claims are false, you can file a suit against her, it has no risk involved.
• Also, prove that the wife moved out of the marriage on her own and without any valid reason.

Remember, evidences are everything in court of law. Without evidence, the court may favour the woman but if you want to be proven innocent, start collecting proofs.

• The Government has already formed: Family Welfare committees in every district. The committee will comprise of three members appointed by the District Legal Aid. The committee will be of volunteers, retired officers or any person who may be willing to work. The government should ensure that these committees function properly and there is no corruption involved in the committees.

       Every received complaint will be looked by these committees. This will                                also ensure speedy trials for the complaints.

• The government should ensure that no frivolous cases are filed under the section 498A. For that, there should be stringent punishment prescribed by the government. This will help to stop the woman from filing false cases and take it as an easy escape.
• Also, there should be courts which can help for speedy redresses of the complaints. So, the complaints can be disposed of in a better way.
• The power to arrest should only be exercised after meeting certain standards. The police should not be free to arrest anyone solely on the complaint rather there should be standards fixed by the government.

For more details visit Mipan India office