Nowadays we can see the Misuse of dowry laws. The Indian judiciary is completely responsible for the raising misuse of dowry laws and this misuse will result in abuse of innocent men in the society. In many cases, men have even committed suicide, when their wives have harassed them to approach police or court, to send them to jail, for some personal reasons.
Section 498-A of the IPC was introduced in n 1983 with an objective to fight against the hazards of harassment to a woman at the hands of her husband and his relatives. The cruelty specified above includes
All conduct which drives the woman to commit suicide, Harassment of the woman, Cruelty during the trial, Extra-marital relations or non-acceptance of a baby girl, Taking away children and Cruelty by stubborn demand etc.
It is a principle of law that whoever asserts a certain fact must prove it. In Indian Criminal Law, the above principle means that the prosecution should prove without reasonable doubt that a certain act was done by the accused and it was done intentionally. The basic principle of the law states that no innocent people should be punished.
Section 304-B deals with dowry death and section 306 are abetment to suicide of a woman who is married that the departure has been provided in Indian Evidence Act. The prosecution still has to establish the certain act beyond a reasonable doubt and court can presume that the said act was done with requisite intention. Only after the act is proved beyond reasonable doubt the burden shifts on the accused to prove that the lack of intention. Section 113-A and 113-B has been added to Indian Evidence Act for such exceptions.
This topic needs a detailed coverage of all aspects of dealing with police, collecting and keeping evidence, cross-exam of the wife as well as in-laws and relatives.
Therefore, even at the cost of repetition, it is stated that a proof can only the existence of a certain fact. No proof is needed for any non-existence of a certain fact.
Law says that anyone accused is innocent until proven guilty. But most of us are in an assumption that once an accused person is arrested then they will stay in jail forever and arrest is as good as a conviction.
In false cases of wife good cross-exam of witnesses is necessary and it will produce evidence which disproves their accusations and creates loop holes in their evidence.
Keep a record of all emails, Whatsapp conversations, audio recordings , messages etc because as per Indian evidence act you can produce them as evidence in certain cases as per Sections 63, 65, 65B.
You should all the Collect evidence to prove that you have neither demanded dowry nor received it, also collection of evidence to prove that she moved out from marriage without any valid reason and filed a false case against you.
Also, take care of your Family members. You can file a complaint to nearest police station against her blackmailing or false intention or intolerable behavior.
Some of the cases which can be filed against your wife are Sec 120B which says about Punishment of Criminal Conspiracy, Section 191 Giving false evidence, Sec 167 says about Public servant framing an incorrect document with intent to cause injury, Sec 182 False information, with intent to cause public servant to use his lawful power to the injury of another person, Section 497 which describes Adultery, Section 500 defamation etc.
Keep records of all which wife spent on you and you spend on the wife. Definitely, wife would depict it as dowry if she had spent anything on you. If it is spent for your family purpose then cannot be considered as a dowry. Ie. women spending anything on the family from her earning is not taken as dowry from the husband.
It is your responsibility to bring all the evidence to the lawyer which proves your innocence. Because a lawyer may not aware of full facts of the case, only you know.
You can lodge RCR (Restitution of Conjugal Rights) if the wife left your place after blackmailing or threatening.
Finding holes in prosecution story will be more valuable based on kind of repetitive claims seen in dowry cases, cross-exam of wife or in-laws, pointing contradictions, and inconsistencies.
Husband's own evidence will be also used to point out false allegations, doubtfulness, and inconsistencies of wife's evidence.
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