If you are stuck in such a situation, here is what to do.

Mr. Rohan Verma, a software engineer from the city of Suryanagar, found himself in a distressing situation. After a few years of marriage, his relationship with his wife, Ms. Anjali, soured, leading to her leaving the matrimonial home. Soon after, Rohan and his elderly parents were served with notices for multiple legal proceedings initiated by Anjali, including allegations of cruelty and dowry harassment. Rohan contended that these allegations were entirely baseless and filed with the malicious intent to harass him and his family. He felt cornered and wondered about his legal recourse against what he believed was a misuse of the law. This scenario is increasingly common, where one party in a matrimonial dispute faces a barrage of allegedly false cases, prompting the question: what counter-actions can be legally taken?

Advice in such cases

• Stay Calm and Composed: It is natural to feel angry and victimized, but acting impulsively can harm your case. Do not engage in aggressive communication with your spouse or their family.
• Gather All Evidence: Collect all relevant documents, emails, text messages, call recordings, and any other form of communication that can prove your innocence and demonstrate the falsity of the allegations against you.
• Document Everything: Keep a detailed record of all events, interactions, and legal notices. This chronological record can be invaluable.
• 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 of 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.
• Focus on Defending the Primary Case: Your immediate priority should be to defend yourself effectively in the cases filed against you. A strong defense that leads to an acquittal is the best foundation for any subsequent counter-case.

Applicable Sections of Law

Filing a “counter-case” is not about revenge but about seeking justice for the harm caused by malicious prosecution. Here are some legal provisions you can explore:

• Defamation (Section 356 of the Bharatiya Nyaya Sanhita, 2023): If false allegations made in a complaint or to the police are spread to third parties and harm your reputation, you can file a criminal complaint for defamation.
• Giving False Information to a Public Servant (Section 234 of the BNS, 2023): If your spouse has knowingly provided false information to the police with the intent to cause them to use their lawful power to injure you, a case can be initiated under this section.
• Malicious Prosecution (Civil Suit): This is not a criminal case but a civil one. After you are acquitted of the false charges, you can file a civil suit for damages, claiming compensation for the mental agony, financial loss, and reputational damage you suffered. You must prove that the case was filed without reasonable cause and with malicious intent.
• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007: While not a direct “counter-case” for matrimonial issues, this Act can be used if a son’s wife is harassing his elderly parents or trying to oust them from their own property. The parents can file a petition before the Maintenance Tribunal seeking protection and, if applicable, eviction of the daughter-in-law from their self-acquired property. However, its use as a pressure tactic in a matrimonial dispute is context-dependent and should be guided by a lawyer.

If you are the complainant

If you decide to file a counter-case (e.g., for defamation or malicious prosecution), you become the complainant in that specific case. Here is what you should do:

• 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 of 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.
• File a Detailed Complaint: Your complaint must clearly state the facts, how the allegations against you were false, the malicious intent of the other party, and the damages you have suffered.
• Present Strong Evidence: The burden of proof will be on you to establish your claim. Submit all the evidence you have collected that proves the original case against you was false and filed with malice.
• Be Prepared for a Long Process: Legal proceedings, especially for malicious prosecution, can be lengthy. Patience and perseverance are key.

If you are the victim

As the person against whom false cases have been filed, you are the victim of a legal misuse. Your primary focus should be on your defense.

• 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 of 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.
• Do Not Ignore Notices: Never ignore a court summons or police notice. Your absence can lead to adverse orders, including warrants.
• Seek Anticipatory Bail: If the cases filed against you are non-bailable (like Section 498A IPC, now Section 85/86 BNS), consult your lawyer immediately to apply for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
• File for Quashing of FIR: If the FIR is prima facie baseless and appears to be an abuse of the process of law, you can file a petition in the High Court under Section 529 of the BNSS to have it quashed.

How the police behave in such cases

The police are often the first point of contact. In matrimonial disputes, their approach has evolved based on Supreme Court guidelines. Initially, they are likely to be cautious. They might refer the couple for mediation or counselling, especially in cases under Section 85/86 of the BNS. Arrests are not made mechanically; the police must satisfy themselves about the necessity of arrest based on the preliminary inquiry. For non-cognizable offenses like defamation, the police will not investigate without a direction from a Magistrate, which you would need to obtain by filing a private complaint in court.

FAQs people normally have

What evidence is required?

Evidence is crucial. For defending yourself, evidence that contradicts the complainant’s story is vital. This can include travel tickets, work emails proving your location elsewhere during an alleged incident, bank statements, and witness testimonies from neighbours or colleagues. For filing a counter-case, you need evidence of malice. This could be recordings where the spouse admits to filing false cases for leverage, or evidence showing a clear motive to harass, along with the court’s judgment acquitting you in the original case.

How long will the investigation take?

The duration of an investigation and subsequent trial varies significantly. An investigation by the police can take anywhere from a few months to over a year, depending on the complexity and cooperation of the parties. The subsequent court case can last for several years. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has introduced timelines for various stages of the investigation and trial, but delays are still common due to the high volume of cases in the Indian judicial system.

Advocate Sudhir Rao, Supreme Court of India