A man from Gujarat sued his wife in the metropolitan court for criminal defamation under Section 499 and 500 of the IPC after being acquitted from false 498A charges.
The man has also sued the investigator in his domestic violence case for framing him, however, the cop got benefit of absence of prosecution sanction under Section 197 of the IPC.
The court took cognizance in the matter and summoned the wife for trial in the defamation case.
Case:
On December 25, 2016, the couple had a spat and the wife took a police van and a lawyer next day to her husband’s home. The man was made to sit in the police vehicle and taken to the Gotri police station, where the woman later filed an FIR under Section 498A against him.
A trial took place and the man was later acquitted by court in May 2019. The Vadodara court also expressed doubts if the allegations by wife were genuine.
Background:
The husband is a banker from Ahmedabad and this was his second marriage. The Bengali couple is now settled and lives in Vadodara with their one son.
The wife had insisted on keeping her mother and her maternal aunt close by to their residence. The constant interference of the wife’s mother and her sister led to dispute between the couple. The husband and wife also had differences over the custody of their child.
What Went Against Wife?
The action of taking a police van to her husband’s house only to meet her son could defame a man in society. The metropolitan court observed that communication between the man and his neighbours reduced drastically after the woman filed a false 498A against the husband.
However, the court also observed that mere filing a complaint of domestic violence and cruelty against husband was not defamation.
During the preliminary enquiry in the matter, the man produced witnesses including a leader of their Bengali community along with his colleagues from his Vadodara bank. The community members affirmed that people distanced themselves from the accused man after the woman got police vehicle to his home. The man’s colleagues also confirmed that his image got a beating due to criminal case by wife against him.
Trial in the defamation case will commence this month.
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http://voiceformenindia.com/in-the-law/false-498a-after-staying-for-5-days-in-matrimonial-home/
http://voiceformenindia.com/in-the-news/family-commits-suicide-due-to-threat-of-harassment-cases/
http://voiceformenindia.com/in-the-law/husband-wins-defamation-case-against-wife-karnataka-high-court/
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1.There is a contradiction in our law that filing a false complaint against the man is not defamation why?,A false complaint under whatever crime should taken seriously and these false cases should be treated as defamation because every one has the right to live with full respect and dignity, A person has no right to destroy other person life in the name of law, equality and freedom.If we talk about the respect and dignity of the women in genuine cases then we should also talk about the respect and dignity of those men who face lot of problems in the society due to these false cases.Strict punishment and heavy penalties to should be imposed on those people who misused these laws.