Domestic violence is recognized as a breach of our country’s core human rights, guaranteed to every Indian citizen. India agrees to the same and has offered protection against violence, but just for women. Domestic abuse against males is almost non-prevalent given that there is no basis for it in the law.

As a result, many women file fraudulent cases against men in the hopes of exacting vengeance or berating them. Here’s how a male spouse can overcome or defend oneself against a false case of DV?

What Happens When the Female Spouse Files a False DV Case? 

When a woman files a false lawsuit against her husband, the victim has two options:

• Defend oneself and await the judge’s decision, or
• File a rebuttal case against the wife.

If the falsely accused wants to defend himself, he must first protect himself and his family from being arrested on false charges by seeking or obtaining an anticipatory bail or other similar measures such as pursuing a 41a notice in 498a, depending on the circumstances at the time.

What Are the Charges That the Accused Husband Can File to Secure Justice? 

If a female spouse can file a false DV case, the male spouse can file a false claims complaint at their nearest local police station.

What Evidence Can a Husband Present to Defend Himself in Court? 

The following proof will come in handy when applying for anticipatory bail or notice of bail from the court.

• All communications, including phone, chat, email, letters, and others, with individuals who are threatening, should be recorded and kept in a secure location. Most lawyers recommend not presenting the original evidence to others.
• Compile proof to show that you have never sought or accepted dowry, causing marital complications afterward.
• Gather evidence, showing that the wife left the marital relationship for no good cause.

How Can the Male Spouse Safeguard His Family from Getting Imprisoned Falsely? 

Section 498A has a broad scope of application, allowing women to file complaints against anybody in the family. Countless incidents have been reported in which a whole family has been imprisoned as a result of a single false allegation or charge of 41a notice in 498a. Even the husband’s mother and father are not exempt. In such a case, the spouse might seek anticipatory bail or notice of bail after the FIR is filed to guarantee that the innocent family members are not imprisoned without reason.

Endnote 

On the one hand, we observe that violence against women is expanding at an alarming rate, and on the other hand, a false case of DV demonstrates that crime against males is also increasing. The law must make efforts to manage both situations for the betterment and tranquility of all human beings in society.