False allegation of domestic violence against husband

t

Question asked on: 01/02/2017

My file has filed a false case under domestic violence act. Does the court examine the truthfulness of case before passing any order against the accused?

 

Advised by: Shivendra Pratap Singh,

False allegations made by wife against her husband destroy the sanctity of marriage. Marriage speaks of absolute faithfulness, mutual encouragement, admiration, respect and assistance of the couple to each other with all love and grace to make out a peaceful institution.

As per the section 3 of the 2005 Act, it appears that if the conduct of the respondent harms or injures or endangers the health, safety, life, limb or well being, whether mental or physical, of the aggrieved person or tends to do so, it would amount to “domestic violence” which includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse.

Thus for commencement of the offence under domestic violence act, it is necessary to prove that wife is victim of domestic violence and act of domestic violence has been committed in shared house hold. If the husband harasses, harms, injures or endangers his wife (aggrieved person) with a view to coerce her or any other person related to her to meet any unlawful demand for dowry or other property or valuable security, it would also amount to domestic violence.

These facts are missing in your case therefore no offence punishable under the domestic violence has made out. Magistrate is bound to consider all the evidence brought on record to satisfy himself that whether offence of domestic violence has been committed or not. Averments made by the aggrieved person in her complaint is the paramount material for consideration.

If averment of aggrieved person is vague, bald or suspicious cognizance should not be taken by the Magistrate. In devoid of credible evidence or medical report it cannot be said that husband used to commit physical abuse, a single act of verbal abuse cannot form basis of physical abuse.

Physical abuse, sexual abuse, verbal and emotional abuse as well as economic abuse has been defined under the Explanation I to section 3 of the D.V Act. As per Explanation II of section 3, the overall facts and circumstances of the case shall be taken into consideration to see whether the act, omission, commission or conduct of the respondent constitutes domestic violence or not.

It is settled law that cognizance shall not be taken on the insufficient material brought on the record by the complainant. You should file a revision petition before the court of sessions and challenge the cognizance taken by the court and process issued by the same.

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 17493

Consultation: 3402

Quashing of non-compounding case when parties are settled their issues out of the court

My wife has filed a false case against me in order to compel me for meeting her demand. She is not willing to live with me because she has affair with a man and she wants to live with him. Her parents are also taking her favour therefore they demand huge amount of...

How to file anticipatory bail in Uttar Pradesh

How to file anticipatory bail in Uttar Pradesh? Now you can file anticipatory bail under section 438 of the code of criminal procedure in the state of Uttar Pradesh. The state government by its notification dated 6 June 2019 has resumed the provision of section 438 crpc. Move an application before the court of sessions for anticipatory bail the High Court of Allahabad held in Harendra vs the state of U.P. that accused cannot move anticipatory bail application directly before the High Court.

What to do against the false allegation

Quash the false allegation made in the complaint. You can file a petition before the High Court under section 482 of CrPC for quashing of the criminal proceeding. The court has inherent power under section 482 to take appropriate step to do justice.

Guidelines for arrest

The basic guidelines for arrest. Police are bound to follow it before making the arrest. Time and again the supreme court of India in its judgments make rule or guideline for arrest. Some important judgments are given below.  Joginder Kumar  Vs   State  of UP   No...

Father in law filed false case of dowry death

My marriage was solemnised in year 2010 at Patna, Bihar. My father in law and his family known to us for long time. He filed false case of dowry death against all the member of our family. In year 2014 December my wife met an accident and it was hospitalised for...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now