Response

The husband should contest the case as this is a clear case of domestic violence which can be considered mental and verbal or emotional abuse from the wife.

He should contest his wife’s appeal in Court as he can seek protection against false accusation of cruelty. Under Section 9 of the Civil Procedure Code, the husband can file an application for recovering damages which he and his family has undergone for the false accusations of cruelty and harassment.

The Supreme Court, in the case of Arnesh Kumar vs State Of Bihar & Anr stated “IPC Section 498A has a dubious place of pride amongst the provisions that are used as a weapon rather than a shield by disgruntled wives.Ó

Misuse of Section 498a of the Indian Penal Code, desertion by the wife to bring cohabitation to an end, pressuring husband to leave his home or live separately, and threatening to initate criminal proceedings with malafide intentions amounts to cruelty against husband.

He can further make use of the provisions of Section 182 of the Indian Penal Code, as a defence against the false case of cruelty. When the authority determines that the accusations are false, the perpetrator is sentenced to 6 months in prison, a fine, or both under Section 182 of the Indian Penal Code. The individual will be charged with providing false information to the judiciary.

He can also file for defamation under Section 500 of the Indian Penal Code.

The husband can further use the following provisions:

Section 120 B deals with the penalties for criminal conspiracy. A spouse might file a lawsuit against his wife, stating that she is planning to commit a crime against him and his family.

Section 167 If a spouse suspects that police officers are assisting his wife in filing a false complaint against him and fabricating fraudulent documents, he may launch a lawsuit under this section.

Section 182: If a husband suspects his wife is giving false information to a public servant in order to utilise his legal ability against him, he can bring a lawsuit under this section.

Section 506 Most notably, a husband can sue his wife, alleging that she is harassing him and his family through criminal intimidation.

Criminal intimidation is dealt with in Section 506 of the Indian Penal Code. Section 227 of the Code of Criminal Procedure gives that if a wife files a false complaint against her husband, the husband can file a complaint under Section 227, stating that his wife’s complaint is fraudulent.

Reference: Arnesh Kumar vs State Of Bihar & Anr CRIMINAL APPEAL NO. 1277 OF 2014

Section 182 of the Indian Penal Code, 1860

Section 120 B of the Indian Penal Code, 1860

Section 167 of the Indian Penal Code, 1860

Section 506 of the Indian Penal Code, 1860

Section 227 of the Code of Criminal Procedure, 1973

Section 9 of the Civil Procedure Code, 1908

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