Misuse of the Domestic Violence Act under IPC 498A-for husband's mistreated by wives-पत्नियों द्वारा पति के साथ किया गया दुर्व्यवहार

Misuse of the Domestic Violence Act under IPC 498A

(for husband's mistreated by wives)

पत्नियों द्वारा पति के साथ किया गया दुर्व्यवहार

• Section 498A of the Indian Penal Code (IPC) deals with the violence done on women after her marriage by her husband or her in-laws or any relative of the husband. 
• It prescribes punishment for 3 years and a fine. It gave a new definition to cruelty. 
• Cruelty can be defined as –

1. It was held in the case that evidence is required to prove cruelty.
2. If the act done is to harass women or any other person related to her to meet unlawful demands.

• In many cases, the woman are subjected to mental cruelty. Acts like these help woman in every possible ways.
• No matter if the laws are misused,they cannot be removed from the Indian Penal Code. As the laws can always be amended. There will be certain loopholes but always a provision can be added to rectify the problems.
•  A major number of crimes are committed against women every year :

Section	Offence	Punishment	Cognizable or  Non Cognizable	Bailable or Non- Bailable	By what court triable
498A	Punishment for subjecting a married woman to cruelty	Fine and imprisonment for 3 years	Cognizable if the information relating to the commission of the offence is given to the officer.	Non bailable	Magistrate of the first class

Misuse of the law-Section 498A

• The misuse or abuse of the law is mostly done by urban and educated women. Also, in most of the cases, the husband and two of his relatives are prosecuted.   

• The law can only be invoked by women and her relatives. 

• The Section 498A is non-bailable and a cognizable offence. The judiciary should change it to a bailable, but bails should be granted to the husband so that if the case is filed on false grounds, there is a course of action left.

How Men can protect himself against False allegations ?

• There are also cases where women in order to demand maintenance after marriage, hides the fact that she is employed and if they fail, they threaten the husband to file false allegations in the courts. 

• Men need to collect all the evidence and documents. One must collect as many evidence it can prove innocence in the court of law.

• Men can even keep voice recordings as they can help in the court. Text messages or any conversation which can be claimed as a substantial proof can be kept by the man. 

• Also, if there is any proof which shows that no demands were made by the husband’s side for dowry before and after marriage can prove to be a strong evidence.

• Try to get an anticipatory bail – if you feel that your wife is going to file a false case against you, hire a good criminal lawyer and get an anticipatory bail. 

• You can also file an FIR case against your wife for false 498A complaint. 

• You can also file a defamation case against your wife for all the lost reputation. Man is a social animal so reputation is very important for him. So, a man can file a case of defamation under Sec 500 of IPC.

• You can also file a damage recovery case under Sec 9 of CPC. If your wife lies that you have physically or economically or emotionally harassed her and all her claims are false, you can file a suit against her, it has no risk involved.

• Also, prove that the wife moved out of the marriage on her own and without any valid reason.

• Remember, evidences are everything in court of law. Without evidence, the court may favour the woman but if you want to be proven innocent, start collecting proofs.