One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X approached me during his divorce proceedings with Mrs.Y. He was concerned that Mrs.Y’s lawyer was advising her to file multiple cases against him including dowry harassment, domestic violence, and maintenance claims. Mr.X believed these were “fake cases” designed to pressure him into an unfavorable divorce settlement. He questioned why lawyers would encourage such tactics and wondered if this was ethical legal practice.

The situation became complex when Mrs.Y filed complaints under various sections, claiming harassment and demanding interim maintenance. Mr.X felt overwhelmed by the multiple legal proceedings and believed his wife was misusing the legal system. He wanted to understand whether these were legitimate legal strategies or abuse of process, and how he could protect himself while ensuring his own rights were preserved during the divorce proceedings.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document all interactions and communications with your spouse to build a strong defense. Maintain financial records to counter false claims about income or assets. Never ignore legal notices or court summons as this can lead to adverse orders. Consider mediation or counseling as alternative dispute resolution methods before situations escalate further.

Applicable Sections of Law

Under Bharatiya Nyaya Sanhita (BNS), Section 85 deals with domestic violence cases, while Section 86 covers harassment of women. Section 211 of BNS addresses giving false information to public servants. The Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 covers maintenance orders, and Section 125 deals with interim applications. These provisions are commonly invoked in matrimonial disputes, and understanding their proper application versus misuse is crucial for both parties.

If You Are the Complainant

• File complaints only with genuine grievances and proper evidence
• Maintain detailed records of incidents with dates and witnesses
• Ensure all claims are backed by documentary proof
• Avoid exaggerating facts as this can backfire during cross-examination
• Focus on substantial issues rather than minor disagreements

Filing false cases can lead to perjury charges and may damage your credibility in court proceedings.

If You Are the Victim

• Respond promptly to all legal notices and court summons
• Collect evidence to counter false allegations systematically
• File appropriate applications for quashing frivolous cases
• Consider filing counter-cases for harassment through false litigation
• Maintain calm demeanor and avoid any actions that could be misinterpreted

Never attempt to contact the complainant directly as this may be used against you in proceedings.

How the Police Behave in Such Cases

Police typically register complaints in matrimonial disputes as they fall under serious categories. They may attempt mediation initially but will proceed with investigation if parties remain adamant. Officers often suggest family counseling and may delay arrests pending investigation completion. However, in cases involving women, police tend to be more cautious and may act swiftly on complaints.

FAQs People Normally Have

Can multiple cases be filed simultaneously? Yes, different legal provisions can be invoked parallelly if facts support various offenses.

Is using all available legal remedies considered harassment? No, if cases are filed with genuine grievances and proper evidence.

Can false cases be quashed? Yes, through appropriate applications in High Court or Supreme Court if facts warrant quashing.

What happens if cases are proven false? The complainant may face perjury charges and compensation claims from the accused party.

What Evidence Is Required?

• WhatsApp messages and call recordings (legally obtained)
• Bank statements and financial documents
• Medical records for injury claims
• Witness statements from family members or neighbors
• Video evidence of incidents
• Email correspondence between parties
• Photographs of alleged harassment or damage

How Long Will the Investigation Take?

Police investigation typically takes 60-90 days for completion. Court proceedings may extend from 6 months to 2 years depending on complexity and evidence. Multiple cases may run parallelly, potentially extending overall resolution time. Mediation attempts can reduce timelines significantly if parties cooperate.

Advocate Sudhir Rao, Supreme Court of India