A gentleman, Mr. Rohan, found himself in a distressing situation. Before his marriage, his fiancée, Priya, had expressed via a messaging app that she believed it was a man’s sole responsibility to cover all household expenses, despite her earning a substantial income, even more than him. Alarmed, Rohan initially called off the wedding. However, due to family intervention and her apologies, coupled with a promise to share expenses equally (a conversation he fortunately saved), he proceeded with the marriage.

Post-marriage, the promise was forgotten, and Rohan ended up shouldering all financial burdens to maintain peace. However, the peace was short-lived. Priya would often initiate baseless arguments, resorting to verbal abuse, calling him names suggesting he was mentally unstable. During one particularly heated argument, while Rohan was sitting calmly on the bed, she began shouting false accusations, claiming he was about to strangle her and that she feared for her life. Rohan, who had never been physically aggressive, realized he was in an unsafe environment.

He decided to separate and moved back to his parents’ home in Jaipur, after helping Priya move into a secure women’s hostel in Mumbai where she worked. They have been living separately for over a year and a half. Recently, Priya began demanding a large sum of money. She first approached a local women’s support group, falsely claiming her family spent ₹50 lakhs on their simple temple wedding in Rishikesh, which in reality had minimal costs, largely borne by Rohan’s family. When her demand for ₹40 lakhs was refused, she escalated the matter.

Priya has now filed a domestic violence case in Gurgaon, a city where they never resided together. Every allegation in her complaint is, according to Rohan, a complete fabrication. He possesses substantial evidence to the contrary, including photos of them together looking happy, emails where he inquired about her well-being post-separation, and message chats where he confronted her about her verbal abuse and false accusations. The jurisdictional choice is also questionable, as Rohan is from Jaipur and Priya works in Mumbai.

A court-suggested mediation was scheduled in Gurgaon, for which Rohan and his family travelled, but Priya failed to appear. He is now worried about this pattern of harassment. Priya is financially independent, earning over ₹12 LPA and has never left her job. Rohan, being a freelance consultant, currently has a variable income. Though his family is willing to offer a smaller settlement of ₹8-10 lakhs to end the ordeal, Rohan is conflicted about paying anything when he is innocent. He is dismayed by the apparent lack of immediate consequences for filing such false complaints and seeks guidance on how to handle this legal battle.

Advice in such cases

• Stay Calm and Composed: It is crucial to not react emotionally. Any impulsive action or communication can be used against you.
• Gather All Evidence: Systematically collect and organize all evidence that can prove your innocence. This includes text messages, emails, photos, videos, call recordings, and financial records.
• Avoid Direct Contact: Refrain from communicating directly with your spouse or their family. Let all communication be handled through your legal counsel to avoid misinterpretation or further false allegations.
• Secure Your Finances: Ensure your financial accounts, assets, and important documents are secure.
• 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.

Applicable Sections of Law

While dealing with such cases, it’s important to be aware of the relevant legal provisions:

• The Protection of Women from Domestic Violence Act, 2005: This is the primary legislation under which such complaints are filed. It is a civil law meant to provide immediate relief to victims of domestic abuse.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the complaint includes allegations of criminal acts like cruelty, relevant sections of the BNS can be invoked. For instance, Section 70 of the BNS deals with cruelty by a husband or his relatives.
• Counter-Action for False Allegations: If it is proven that the case is false and malicious, the accused can take legal recourse. Provisions like Section 230 (Giving false evidence) and Section 245 (False charge of offence made with intent to injure) of the BNS may become applicable against the person who filed the false complaint.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): All procedural aspects of the case, from filing the complaint to trial, will be governed by the BNSS.

If you are the complainant

• Be Truthful: Ensure that your complaint is based on facts and truth. Exaggerating or fabricating incidents can weaken your case and may lead to legal consequences.
• Document Everything: Maintain a detailed record of all incidents of abuse, including dates, times, and what transpired. Collect any evidence you have, such as medical reports, photographs of injuries, or threatening messages.
• Seek Support: Reach out to trusted family, friends, or support groups. Emotional and psychological support is vital during this process.
• 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.

If you are the victim

If you are a victim of a false domestic violence case, here are the steps you should consider:

• File a Detailed Reply: Your lawyer will help you draft a comprehensive and factual reply to the complaint, denying each false allegation with supporting evidence.
• Challenge Jurisdiction: If the case has been filed in a court that does not have the proper jurisdiction (as in the example where the couple never lived in Gurgaon), you can file an application to have the case dismissed or transferred to the appropriate court.
• Gather Counter-Evidence: Collect all possible evidence that contradicts the claims made against you. This includes chats showing a normal relationship, travel records, bank statements, and testimonies from neutral witnesses like neighbours or friends.
• Anticipatory Bail: If there is a threat of arrest based on criminal allegations attached to the DV complaint, you may need to apply for anticipatory bail under Section 482 of the BNSS.
• Consider Counter-Litigation: Once you are exonerated, you can discuss with your lawyer the possibility of filing a case for malicious prosecution or defamation against your spouse.
• 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.

How the police behave in such cases

Upon receiving a complaint of domestic violence, the police are generally mandated to register it and conduct a preliminary inquiry. They might refer the couple to a women’s cell or counselling centre for attempted reconciliation. However, if the allegations are serious, they will proceed with the investigation as per the law. The approach can vary, but the legal duty is to investigate the complaint. It is important to cooperate with the investigation while being guided by your lawyer.

FAQs people normally have

• Can a domestic violence case be filed in a city where we never lived together?
• Jurisdiction in DV cases is broad but not without limits. It can typically be filed where the victim resides, where the respondent resides, or where the violence took place. If a case is filed in a location with no connection to the parties or the alleged incidents, its jurisdiction can be legally challenged.
• If my wife is earning well, can she still claim maintenance?
• Yes, a wife can claim maintenance even if she is earning. The court considers the standard of living she was accustomed to during the marriage, her income, and the husband’s income. However, if she is earning a substantial amount and is financially independent, the court may award a lower amount or no maintenance at all.
• What are the consequences of filing a false case?
• If the court concludes that the case was filed with malicious intent and is based on falsehoods, it can dismiss the case and may impose costs on the complainant. The accused can then initiate separate legal proceedings for malicious prosecution and defamation under the Bharatiya Nyaya Sanhita, 2023.
• Is it better to settle the matter by paying money?
• This is a personal decision. A settlement can provide a quicker resolution and save you from a prolonged legal battle. However, if you are completely innocent and have strong evidence, you may choose to fight the case to clear your name. This decision should be made after careful consideration and consultation with your family and lawyer.

What evidence is required?

Evidence is key in such cases. Both parties should focus on collecting and presenting credible proof.

• For the Complainant: Medical reports, photographs of injuries, threatening messages or emails, witness statements from family or neighbours, and any other proof of abuse.
• For the Respondent (accused): Electronic evidence like chats, emails, and call recordings that contradict the allegations, financial records showing you supported the household, photos or videos depicting a normal marital life, and testimonies from witnesses who can vouch for your character.

How long will the investigation take?

Domestic violence cases can be time-consuming. The duration depends on various factors, including the complexity of the case, the amount of evidence presented by both sides, the court’s schedule, and the procedural tactics employed by the lawyers. There is no fixed timeline, and it can range from several months to a few years.

Advocate Sudhir Rao, Supreme Court of India