What defence i can take under the charge of cruelty

530 votes

As per my taught i can prove that it is not possible to file her in a gist I can say that after 6 years of separation thought act says many things about dowry cruelty it doesn’t mean any one can use the provisions of act according to there will and wish , can contact me for further clarification
Thank you

Advocate Nikhil Singh LawRato

721 votes

Hi, You are entitled to seek divorce from a wife if it is false cases against you. If a false complaint is registered against you by your wife, you have two options – either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong. Both are detailed below.Defensive

You can defend yourself and your family from being sent to jail because of the false complaint. You have following options to defend your family and yourself-

Collect as many pieces of evidence as possible

Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.
Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.
Collect evidence to prove that she moved out of the bond of marriage for no valid reason.
This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.
Safeguard your Family

There are hundred of cases where the whole family is put behind the bars just because of one false complaint. Section 498A has a very wide jurisdiction under which the women can complain against anyone in the family. Even the mother and the father of the husband are not immune. In such a situation the husband can do the following to safeguard his parents and other family members –

Once the FIR is lodged, the man can apply for anticipatory bail or notice bail so as to ensure that the innocent family members are not going behind bars without any just cause.
How the case turns out would totally depend on which state the case is lodged. Different states have different mechanisms to deal with the problems of false cases.

For further you may contact me

Advocate Sudhindra Bhat LawRato