How to tackle with a false dowry Complaint?
The women are subjected to various atrocities by people throughout India which infringes not only their liberty, freedom of movement and confidence to step out in public but also leave them traumatised. There is no point inn bosting our history, traditions and culture, if we still believe that a women is meant to be house maker and nothing more. Our progress can only be seen in figures but the ground level situation is saddening. The women, who form almost half of the total population, are made to go through physical and psychological damage every other second.
In recent times there has been increase in cases relating to dowry and women being subjected to atrocities following afterwards. Section 498A is a tool for the women in order to report any offence that takes place against the women. In case the husband tries to ask for any material thing from the wife or her parents and torture her for the same, the wife is entitled to lodge a suit against the husband and his family.
Section 498 of the Indian Penal code deals with:
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.
The section 498A has been misused by women at various occasions. The husband in case of a false complaint u/s 498A can opt for legal recourse. In case the husband has an idea that the wife may lodge such a complaint against him, he can file in advance for anticipatory bail. The husband can also try to settle the matter without the involvement of police through mediation and conciliation. He must try and collect all the evidences which can prove his innocence. He must not take up any harsh means and must maintain in his calm in all the matters. In the court of law such evidences can be used to prove that the complaint is false.
The defendant must try to ensure that every person accused and arrested due to the false complaint must be released on bail. Once the case has been proved false he can file for divorce from his wife. Moreover, if the complaint is proved to be false then a case of perjury can also be initiated against the wife at the discretion of the court.
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