This article is written by Ganeev Singh Sahni, studying BA.LLB. 3rd year (5th semester) at Lloyd Law College Greater Noida.
Introduction:
Domestic Violence, has become a common threat in India these days. Today, thousands of mothers, wives, sisters and daughters who were historically treated as goddesses in our society are a source for domestic violence . They are often exploited on the basis of money , fertility issues and other psychological issues. They are just treated as a product of objectification and are often beaten up, harrassed or even killed in certain circumstances. The definition and explanation is vastly provided under the Domestic Violence Act 2005.
Domestic Violence Act:
The following act was introduced in the year 2005 with the main objective to govern the safety and security of women. As mentioned above, woman in the historical period were treated as goddesses. They were given high respect and dignity. They were even allowed to practice certain religious practices such as Swayamwar, Under which they could choose their choice of man they wanted to marry. Also, Polygamy was allowed. But, the scenario of the woman in the current society is different. So, To improve the status and dignity of women Such that they can reach high this act was enacted.
This act defines domestic violence as the follows:
Any act, for the Commission, omission or conduct of the responded shall constitute to domestic violence in case it:
- Harms, injures, endangeres the healthy or the well being whether mental or physical of the aggrieved person which includes physical sexual verbal emotional and economic abuse.
- Harasses, harms or injures the aggrieved person with the view to coerce her or any other person related to her to meet any lawful demand for any dowry, other property or valuable security.
- Effects the aggrieved person by threatening him or any other person related to him by any means as mentioned under clause (a) and (b).
- Injures or causes either physical or mental harm to the aggrieved person.
Under the following definition, as given under the Domestic violence Act 2005, Physical abuse only denotes bodily harm. Whereas, sexual abuse denotes any abuse that is sexual in nature for any conduct that decreases the dignity of women. The following definition also considers verbal or emotional abuse which denotes humiliation, name calling with special regard of not having a child specially a male child and physical pain to any person in whom the aggrieved person is affected. The definition also consider various economic abuses which denotes deprivation in economic and financial forces to which the aggrieved person is interested or entitled under law and also denotes various customs and disposal of household effects.
Objectives Of The Act:
The following act includes all women and also safeguards the rights of each and every woman present in the country. But there is also an exception under this under which no female relative, husband, male relative can file any complaint against the wife or a female partner. For example, mother in law cannot file any complaint for any daughter in law, but can only file a complaint for her daughter in law.
Violation Of The Act:
As mentioned above, did domestic Violence Act 2005 lays various guidelines for the up gradation for status of women. It mentions the right of everyone woman who is a prey for domestic violence. But, under certain situations be also need to understand that women misuse these provisions as mentioned in the Act. Unscrupulous women misuse these rights to gain extra ordinary money. Such women are not bothered about divorce for a probably a married status with maintenance works very well specially for those with children.
False Case For Domestic Violence:
There are beneath situations when a woman files a false case of domestic violence either against her husband or his family. In such a scenario, the husband can also find a counter case against her.
Under the landmark case of Shabnam Sheikh V. State Of Maharashtra, justices ZA. Haq and Amit B. Borkar allowed the criminal application under section 482 of the CRPC. It was further observe that the relatives were trapped in baseless allegations under Section 498A of IPC. The court stated no allegation against the applicants under which constitution offences are alleged.
Also, under the landmark case of Kailash Chandra vs State of UP, the court stated that there has been developed for roping in all relation of the in laws by wife in the case of dowry death hot first type of offences in anxiety to see conviction need to be depreciated.
Steps To Defend:
- Apply For Bail: the first and foremost procedure under which husband can defend if a wife has fired false case of domestic violence against him or his family is application for bail. This procedure is only possible by the collection of valid evidence in the form of call records, email, photograph, statement of neighbours etc. different states have their own procedure for the same. In the states of Delhi Haryana and Rajasthan these cases are registered under the Mahila Thana and the attempt for settlement is made. There are in the streets of Uttar Pradesh and Bihar only and FIR is registered and a good criminal lawyer is appointed in such matters.
- Use Of Social Media Platforms: the all know that social media is drastically developing in the modern era. It is a very important medium to enhance public opinion. It provides a platform for people to put their views on various government policies. The same thing goes with false reports which are filed against domestic violence. Under this the husband can file a letter in media or human rights organisation against his wife. Social media is the best way such that he can raise his concern.
- RCR, Restitution Of Conjugal Rights: The Restitution Of Conjugal rights can also be fired against the wife if she has left the matrimonial house without any valid reason.
- Seeking Proof In Cross Examination: under this summer this wife has any proof against the husband the husband can also collect evidence and defend in his support with the help of a good lawyer providing relevant details to him or her. Cross examination is a very important stage to prove innocence.
Questions Shaking Credibility Of Witness Through Cross Examination:
- Under this, then the wife is a legging injury caused by her husband, and no medical report is attached, the husband also can contradict on the said ground.
- Also, if the wife is a legging false dowry demand charges the husband can always ask her to produce relevant bills of jewellery etc.
- also, if any contradictory statement highlights the contradiction of section 161 of IPC and examination in chief and context of complaint under material contradiction of date or place.
- a good cross examination can only happen if the husband is helping to fight the false allegations that were put upon him regarding domestic violence. Only be possible by the statement of witnesses who are in the support of the husband and claim that domestic violence is not committed. Even falls charges should be provided by evidence. The husband should consult a good lawyer to safe him from such false allegations which would turn tables and exposed the false victim.
Maintain Peace:
The husband still also maintain please if he is charged for false aligayion of domestic violence by his wife. Under this, there should be no record of violating peace for engaging in violence. It is very important that the domestic violence complaint should be filed with a peaceful decorum.
Filling A Counter Claim:
If a wife engages in a criminal conspiracy against a husband or his family members a case against the wife can be filed under section 120B of the IPC. Also, if she gives any kind of false information to police she will be charged under section 182 of IPC. Under this the police officer shell write the complaint and forward the same to the concerned officer and the criminal proceeding shell start. Also, if she produces any false evidence in the court she will be charged under section 191 of IPC. If the wife is malign you and your family a counter suit can be fired against her under section 500 of IPC. Criminal intimidation can also be filed if the wife threatens her husband or family.
In 2003, Nisha Sharma accused her husband Munish Dalal for demanding dowry. The case was also covered by media and Nisha Sharma had become a youth icon and a role model for women. But in 2012 the accused was acquitted and it was also proved that the case fabricated the misuse of the provisions by women.
Also in the case of AP. Ranga Rao V. Vijaylakshmi, a petition was fired by the wife against her husband just to Harrison and the allegation was not proved. Under this port dismis s the complaint and imposed a fine of rupees 1 lakh upon the wife. It further stated, “The imposition of cost is in furtherance of the wrong door should not get benefit out of frivolous litigation.”
False Charge Of Domestic Violence As A Ground For Divorce:
The supreme court held that the wives falls allegation of domestic violence against her husband would amount to cruelty and a valid ground for divorce. Under any instant matter the husband should sought divorce a legging that his wife falsely implicated upon him and his family members in a case regarding domestic violence.
The Madras High Court had also observed that in a case of domestic violence is not possible if the husband proceeds against his wife. Under any incident matter, the petitioner claimed that he was terminated from service upon the complaint by his ex wife just before divorce where he was accused for domestic violence. The situation was further observed by the court and the court stated that the timing of complaint clearly shows that she had anticipated the divorce in order to create unnecessary trouble to the petitioner.
The charges of first domestic violence damages is reputation of a person and hence a person must different himself wisely under such situation. One shell out reach the community and use character witnesses who could help him to spread the details that the acquisition is false.
Conclusion:
With respect to the following points, I believe there is a scope of increase in the Domestic Violence Act 2005. Considering false cases of Domestic Violence, we still need to bring about various new amendments into the act. I thoroughly believe we need to facilitate such a platform that works on the grass route level making people comfortable to share there problem by providing them with proper health and education.
Other than this, I would also recommend to start a commission for the equality and dignity of men, as even Molestation and other offences with respect to men are increasing. The main work of every commission is to promote, protect and supervise the dignity of all citizens who are living in this society as a whole. The same is also applicable for various human rights national and international commissions.
I would like to conclude by saying, Each and every woman is an asset to the society. So it’s better if we treat them the same.
Citation
https://delhidivorcelawyers.com
https://www.californiacriminaldefender.com
https://www.jamescrawfordlaw.com