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Writer's pictureLead India
Nov 17, 20224 min read

How To Prove Allegations By The Wife Are False In Court?

For a spouse and his family, dealing with fake dowry charges or accusations can be a difficult undertaking. Society as a whole is currently concerned about the rate of increase in bogus dowry allegations and other domestic cases. In order to cope with such frivolous claims, the court authorities recently issued a number of judgements and amended the law, punishing those who take unfair advantage of the law for their benefits or gains. According to the Supreme Court of India, in a recent case, the wife had filed a false criminal complaint against her husband and his family, and such accusations are sufficient to qualify as matrimonial cruelty. As a result, the marriage was permitted to be dissolved. It is likely that the parties shall involve a divorce lawyer in Mumbai to deal with matrimonial matters.


Section 498A: False dowry charges are dealt with under Section 498A of the Indian Penal Code, 1860, which expressly specifies that if a woman is subjected to any type of cruelty by her husband or a relative of her husband, they would be penalised with three years in prison and a fine. Any violation of Section 498A is cognizable, non-compoundable, and not subject to bail. The term "cruelty" in this context refers to any intentional behaviour that causes or aids the wife's suicide or puts her life, limb, or physical and mental health in grave danger. It entails coercing a woman or any other person connected to her to fulfil an unlawful demand for any moveable or immovable property or valuable security through physical or mental abuse.


Every law intended to protect and advance women has its impacts if it is applied with ulterior motives, just as everything has a good and a negative side. Lawmakers and policymakers created and incorporated Section 498A of the IPC into the legal system to safeguard women against abuse, harassment, and other wrongdoings committed against them by their spouses or other family members. However, the bulk of the dowry cases is FALSE, thus if we go at the records, we will discover more acquittals than convictions. People have begun to doubt the legitimacy and veracity of the dowry law as a result of these bogus dowry instances. To prove yourself innocent in a court of law, it is very important to hire a divorce lawyer in Noida.

Legal Protective Measures:

The following laws can be applied in scenarios involving fraudulent dowry cases to provide protection against such cases:


Section 340 Under CrPC: Anyone who is the target of a false dowry case has the right to seek redress under Section 340 of the Criminal Procedure Code, which provides that if a husband and family are the targets of a false dowry case based on false pieces of evidence, the husband may seek redress under Section 340 against the wife or any other party who filed the complaint.


Filing a request under Section 9: For other religions, the husband may submit an application under the Restitution of Conjugal Rights, stating his willingness to remain married to his wife and his admission that he has never harassed her or any member of her family for the dowry. If the husband is a Hindu, he should submit an application under Section 9 of the Hindu Marriage Act.

File an FIR: The husband may go to the Senior Police Officer or Commissioner after filing a fake FIR and present a formal complaint with all the details. If mothers and sisters are involved in the case, a request can be made to the National Commission of Women to offer them protection from the fictitious dowry case.

If the spouse believes that the claims supporting the maintenance order filed against him are untrue, he should make an application under section 25(2) of the Domestic Violence Act.


An appeal in Higher Court: If a decision is made against the spouse based on a false allegation, he may appeal the decision to a higher court or state authority.


Reconciliation: The court will almost always advise reconciliation on family and marital disputes rather than separation or divorce. These disputes are referred to mediation as a result. He should always endeavor to mediate this situation so that fabricated cases can be exposed.

Accumulate as much supporting evidence as you can: All communications (phone, chat, email, letters, etc.) with dangerous people should be recorded, and the originals should be kept in a secure location. It's best to hold off on presenting the original proof to anyone. Gather proof to show that you have never sought or collected dowry. Gather proof that she left the marriage bond without a good reason by gathering evidence. When the time comes to request anticipatory bail or notice bail from the court, this proof will be helpful. A Divorce lawyer in Kolkata shall help you understand what types of evidence shall be relevant to the case.


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