With the express purpose of advancing and defending Indian women's rights, India has enacted and changed a significant number of laws protecting women throughout the past seven decades. However, several advocates have recently spoken out against such discriminatory legislation and advised harassed women to file for divorce in India.
The abuse of Section 498 of the IPC and bogus 498A cases have both notably increased during the last few years. When there isn't a straightforward mutual divorce process, the 498A is frequently employed as a quick way to resolve disputes.
There is a glaring discrepancy in the system because it has been demonstrated that these guidelines do not protect or acknowledge the abuse that is perpetrated against men in comparison to women. To combat these unfounded charges, such as cruelty in divorce proceedings, the husband will need a divorce attorney.
There is a significant chance that the wife's family started torturing the husband's parents in these circumstances. In such cases, it is imperative to seek protection for the husband's family. We are all aware of the gender bias in our legal system.
Nobody thinks about the husband's family. If the woman and her family live in the same city as the husband's family but the husband doesn't, the risk of harassment is higher. In such a situation, the spouse may pursue a number of options.
In these situations, there is a good possibility that the wife's family began torturing the husband's parents. In such cases, it is imperative to seek protection for the husband's family. We all know that our legal system favours women.
Nobody gives the husband's family any thought. The likelihood of harassment is higher in such situations if the woman and her family reside in the same city as the husband's family and the husband lives elsewhere. The husband may seek a number of remedies in such circumstances.
A man has two options if their wife falsely accuses them: either defend their case and wait for the verdict, or file a counter-complaint against their wife and show them incorrect. Men who want to strengthen their case and speed the resolution process may submit counterclaims against their partners. They can choose from the following options to safeguard themselves and their family:
1. In the event that his wife is intending to harm him and his family, he may submit a complaint under Section 120B of the IPC, 1860. This is a penalty for engaging in criminal conspiracy.
2. It is illegal to give a public employee false information in an effort to influence them to act negatively towards another individual, according to Section 182 of the IPC, 1860. False information is regularly distributed to create doubt on the facts when a public figure uses his influence to carry out a likely impossibility.
3. CPC, 1908, Section 9, Damage Recovery Case: If the wife enters the husband's home, creates a commotion, and contacts a "protection authority" while making a false claim that the husband tormented her "emotionally, physically, or financially," the husband may bring a damage recovery lawsuit under Section 9 of the CPC against her. He has to properly give notice that day or the day after. The legal conflict will continue for some time.
4. Store copies of any communications (including phone conversations, chats, emails, and letters) with threatening parties in a safe place and refrain from showing anyone the actual evidence.
5. 1860 IPC Section 500: Defamation One's reputation is their most significant possession. Because of this, if someone slanders someone, they may utilise all available legal remedies to hold them responsible for the damage their bad behaviour has created. They will be able to recover their losses thanks to their financial resources.
6. Criminal Terrorism Threats In accordance with Section 506 of the IPC, 1860, the husband may file a lawsuit against the wife for allegedly threatening him, his family, or his property. Again, the only thing that can support his allegations is the facts.
7. Obtain proof that they did not request dowry, did so but accepted it anyhow, or both.
If the false case has been filed then the husband should seek advice from a lawyer. Divorce Lawyer In Delhi will be capable of giving best legal advice. Divorce Lawyer In Gurgaon can also give advice if the case has been filed in Gurgaon. Likewise, Divorce Lawyer In Noida can be appointed if the case has been filed in Noida.
To address the problem, Lead India provides a selection of data, legal services, and free legal advice online. To get the best guidance in this case, ask a legal question online and talk to a lawyer.
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