What to do if husband has filed a false case of mental cruelty against wife?


The Supreme Court has held that filing false criminal complaint and making baseless allegations against spouse amounted to cruelty to life partner under Hindu Marriage Act 1955 and divorce could be granted on that ground. Therefore, you can in turn file a complaint. Therefore, let the police conduct their investigation, once it is proved that the allegation of mental cruelty is false and baseless then you can file a divorce case against him as his false allegations also fall in the ambit of cruelty which is a ground for divorce under section 13 of the Hindu Marriage Act 1955. When it comes to Restitution of Conjugal rights, you can show emails where he has told you to focus on your work and that he did not come back.

Moreover, The practice of giving, taking, demanding and advertising dowry is illegal. Also, there is no time limit on when you can file a complaint under this law. You can file a complaint of dowry anytime after marriage. You can file a case against your in laws under section 498 A of the Indian Penal Code which prohibits giving or taking dowry.

Section 498 A of the Indian Penal Code states – Husband or relative of husband of a woman subjecting her to cruelty.ÑWhoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun_ished with imprisonment for a term which may extend to three years and shall also be liable to fine.
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.




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