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Rakshith Kumar   05 August 2020

False allegations

In indian constitution, priority is given to women if she makes true or false allegations.!
if a husband facing false allegations and threat of dowry case by a wife in such cases what's need to be done?


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 5 Replies

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     06 August 2020

The conviction rate in dowry harassment cases in India is only 15 percent approximately. This is because of various reasons sheich include false cases to harass. the problem you are facing is being faced by many innocent men. courts will not favor any gender. contest the false cases filed against you and you will succeed if the allegations are false and base less.

Dr J C Vashista (Advocate)     06 August 2020

Originally posted by : Raksh*th Kumar
In indian constitution, priority is given to women if she makes true or false allegations.!if a husband facing false allegations and threat of dowry case by a wife in such cases what's need to be done?

@ Raksh*th Kumar,

Constitution of India ,1950 do not have any such Article or schedule where you can find any provision as stated .

What is the problem /dispute specific for application of Section 498 A of the Indian Penal Code, 1860 ?

You have asked the question, "....if a husband facing false allegations and threat of dowry case by a wife in such cases...." in these circumstances the wife has to prove allegations beyond reasonable doubt where accused (husband) has right to cross-examine and rebut allegation besides submitting his own defence evidence.

No specific averment make your post as an academic exercise. 

SHIRISH PAWAR, 7738990900 (Advocate)     06 August 2020

Hello,

If any false case is filed husband has only option to fight out the case. Laws enacted are for protection of woman not to misuse it. So if false case is filed it will get dismissed.

Dr J C Vashista (Advocate)     07 August 2020

Supreme Court has laid down law in the case titled "Arnesh Kumar Vs. State of Bihar & others" regarding arrest to be made of an accused in a dowry case (whether true or false), which has now been made unambigous and police will have to seek proper permission.

P. Venu (Advocate)     07 August 2020

It is not case of gender bias but bias against truth; the judicial process is totally disconnected from truth. As such anyone, with no compunctions, can make a false claim, a false affidavit, a false verification, and depose falsely (yes, of course under oath). The abuse of the provisions of Section 498A IPC is only a symptom, not the disease.

The ever burgeoning litigation under Section 138 Negotiable Instrument Act is the worst manifestation of this malady. Of the hundreds of  cases pending in each, cases involving genuine transactions are less than 5%. The rest are propped by usurious money lenders, the so-called blade mafia, the sham chit funds etc. who, having taken the blank undated cheques, makes a mockery of the sense of law and its procedure.

Yes, 'Satyameva Jayate' has been declared to be our guiding motto, but it has long been allowed to be fossilized. Instead, what we have adopted as dispensation of justice  is, invariably,  Experiments in Falsehood.

 

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