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While many laws have been formed to protect women, recent cases indicate that misuse of such laws is increasing
With modern lifestyles and weakening social support systems, the husband-wife relationship is becoming increasingly strained. A number of cases are reported every month across online and offline media. Even extreme cases involving death and suicides have caught the attention of the nation. Let us take a look at what you can do if your wife files a false harassment case against you and/or your family members.
Understand the type of harassment case filed – You first need to understand the nature of the case filed by your wife. A harassment case can be filed by your wife under various claims such as domestic violence, dowry harassment, cruelty by husband or relatives, defamation and sexual harassment. Understanding the type of harassment case filed will help you prepare the right strategy to defend yourself.
Where to begin – In the first step, you need to get a copy of the complaint filed by your wife. This could be an FIR filed at a police station or complaint submitted with the court. You have to examine the complaint in detail, so that you can identify inconsistencies and falsehoods. And prepare your defense accordingly.
Hire a lawyer – Since harassment cases can be complex, it is better to consult a criminal lawyer. It will ensure that you can avoid extreme situations such as a police arrest and interrogation. A lawyer will also ensure that you can get bail if needed. A lawyer will inform you about your rights and guide you through the entire legal process.
Stop communications with your wife – Once your wife has filed a harassment case against you with the police or court, you should stop approaching her directly. While you may be trying to make things better, approaching your wife can be viewed as an offence after the harassment case has been filed. Even if you have good intentions, you should avoid any direct communication with your wife. Any communication can be handled by your lawyer via legal channels.
Collect evidence – To fight the false harassment case, you need to collect a lot of evidence. It will include communication records like call logs, emails, etc., alibi evidence, witness testimonials, medical records (if relevant to the case) and financial records. Share all the evidence with your lawyer, so that a strong defense can be made.
Options to fight a false harassment case – If an FIR has been filed, you can file a petition in the High Court to quash the FIR. This can be done under the Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 or BNSS. If you think that an arrest is imminent, you can work with your lawyer to get an anticipatory bail. This can be done with the Sessions Court or the High Court.
When the matter finally reaches the court, your lawyer can cross-examine the complainant and witnesses. The lawyer will try to expose their false statements. If applicable, the lawyer can also try to prove malicious intent. This is done when the harassment case may be filed for specific benefits such as financial gain, revenge or getting divorce or custody of a child. The lawyer will also example the evidence submitted by the complainant and try to prove them wrong or misleading.
File counter cases – In case you are facing a false harassment case from your wife, you can file counter cases. It can be done under various laws. For example, you can file a defamation case under Section 356(1) BNS. This can be either a criminal or civil suit. Similarly, there are other options such as false charge complaint (Section 248 BNS), false information to police (Section 217 BNS), malicious prosecution, perjury (Section 229 BNS) and action against police misconduct (Section 198 BNS) and (Section 201 BNS).
As is evident from above, a number of options are available to challenge a false harassment case filed by your wife. Make sure you cooperate with the police and the court and take help from your lawyer at every step. With patience and the right legal solutions, you can defend yourself, your career and your social status.
