A girl who is getting married has a lot of dreams for the upcoming stage of her life. On the boy’s side, though, the same is true. The guy longs for a spouse who can live with his parents and siblings. The in-laws’ son is their only child. And they dream of having a daughter-in-law who will look after for him and treat them like her own family. Those mother-in-laws appear in daily soap operas and want daughters-in-law who resemble puppets. In fact, whether their children are sons or daughters, educated parents want them.
Husband and wife compared to bicycle wheels. With coordination between the two wheels essential for a smooth ride. It is that you will fall off if one of the wheels blocks. If a marriage does not work out, things become tense. It makes sense for relationships to conclude by mutual agreement divorce. There are some girls. Who plot their retribution against the in-laws instead of believing in friendly methods.
When they create a fabrication of a false dowry case coupled with domestic abuse. The police and legal professionals can sometimes play a significant part. They can extort thousands and crores of rupees from their husbands. In these situations, the husband and his family become the targets of the law. Because women assumed to be the victims before a complaint.
The blog below offers advice on how to go for such victim families of fake dowry cases in India. To establish their innocence in court. To get case-specific legal advice, but you must speak with advocates.
How Can India Fight Cases of Fake Dowry?
Before Trial: Dealing False Dowry Cases in India
Informing the Authorities – Through family lawyers may inform the relevant police authorities. If the wife is threatening to take legal action, and in-laws for fraudulent dowry cases in India. The notification letter includes information on threats made or other correspondence. That explain concerns about a fictitious legal action in this matter. Anticipatory bail is a legal concept covered under Criminal Procedure Code of 1973 Section 438. That permits the awarding of bail in the event of an impending arrest.
To prevents anticipatory bail lawyers for the grant of bail for the husband.When it appears during the first stages of an investigation. That the name of the accused remove by the police or a magistrate, attorneys request deletion. Yet, whether a fake dowry case is clear on the surface depends on the facts of the case.
Quash FIR – The spouse of his family may appeal to the high court for the FIR proceedings. If they can show that the matter at hand is one of the many fake dowry charges that occur in India. If the parties are able to disprove the claims, the high courts given these extra powers under CrPC Section 482.
No Settlement – When bogus dowry claims against them, innocent people would want to preserve their reputation. Lawyers urge their clients. To avoids financial agreements until the case decided by higher courts. Otherwise, if the matter goes to court, the wife will have another tool.
Trial Procedures for False Dowry Cases in India
Proof Needed in a Dowry Case
Details of Complaint: In India, bogus dowry cases are torture the husband and family. Because of this, complaints and police reports lack the verifiable details. For instance, it is necessary for family members to be present in person. To claims against them, yet a complaint against a sister-in-law or brother-in-law. Who lives 200 km far from the couple’s house. If there are no specific accusations, the facts can absolve the defendant.
Making a list of the items that the bride’s parents and family. Such as electrical gadgets, jewelry, etc., is always advised from the groom’s viewpoint.
This is the essential evidence needed to prove dowry. Along with that, receipts for pricey presents given to the wife. After marriage further support the affectionate stance towards the daughter-in-law. By husband’s responsibility to support the wife is being met, negating the need for dowry.
Medical exams required if the Dowry Prohibition Act of 1961 and the Indian Penal Code’s 498A dowry harassment provisions used in conjunction with physical aggression. Reports will show that there was no harm caused. And the husband would be successful in proving a bogus dowry case in India.
The husband and family should also arrange with a group of neighbor’s. Who can serve as evidence and support their viewpoint. Their behavior, and the fact that their demand for dowry. To prove that the wife threatened to file a false dowry demand lawsuit. If things did not turn out the way she wanted them.
India's response to fake dowry cases
Even if it proven that the woman filed false charges. And the husband released courts do nothing. The fear behind this strategy is that punishment may cause women. Whose cases are valid but who are unable to prove them in court to remain silent. But, husbands who are the victims of false dowry cases in India. May take the following legal actions against the wife:
Divorce – If the wife starts a fake dowry case against the husband and his relatives. It is obvious that she does not priorities their marital relationship. And the divorce case is handled.
If not, but the husband may show that one of India’s grounds for divorce apply. Since it affects with a person’s mental health, social standing, and financial stability. The husband can prove mental cruelty by the wife. The husband’s suffering in the name of this marriage may ended via divorce.
False Information to Public Servant (Police): According to Section 177 of the Indian Penal Code, it is unlawful for anyone to give false information to a public servant. While they are sworn in or otherwise required to tell the truth. A woman expects to protest about actions that are not reprehensible but also illegal.
Intentional insult with the purpose a breach of the peace is punishable under Section 504 of the IPC. The clause uses to combat bogus dowry cases in India. Where it can demonstrated. There is no basis for include the husband’s relatives. And that it is only intended to hurt their reputation and careers.
False accusations made with the purpose. To cause harm are punishable under Section 211 of the IPC. When a husband’s entire family involved in a bogus dowry case, the goal is to harm the family’s reputation. As a result, the clause in Section 211 may used. Extortion is defined by IPC Section 383. As the act of putting another person in danger of financial.
They would not have otherwise committed to. Extortion occurs when a wife threatens to file a false dowry case against her partner. To get her excessive demands met. If there is adequate evidence needed for a dowry lawsuit in this regard, the husband may sue her. The best advocate in Coimbatore is SNK Associates, which is renowned for its proficiency in a variety of sectors while offering a full range of legal services to its clients.
Men's rights are now necessary
Furthermore, there are several laws in India protecting married women’s rights. Which the bride can use as a weapon to attack the bride anytime things are awry after a boy’s marriage. When a marriage fails, the groom and his family are not the only ones to blame. Even if dowry discussed, it is improper for the groom’s side to demand presents. And girls should not pushed to choose their husbands based only on their salary or family status. Domestic violence, 498A, and dowry harassment have become a wife’s legal toolkit for harassing her husband. And his relatives and obtaining large sums of money. Given that males can also be victims in weddings. It is imperative that lawmakers look into the issue.