The Reality of False Dowry Cases in India

Mrs Sapna Malik- the Best Divorce Lawyer in Gurgaon, is sharing knowledge on rising false dowry cases in India. 

Marriages, especially in India, are one of the most celebrated affairs. Both the girl's and the boy’s sides celebrate this moment along with their extended families. No wonder, everyone invests mentally, physically and financially a lot in this. 

Unfortunately, in some cases, the marriage does not work. There may be many reasons for this. Sensible couples understand this and walk away with mutual divorce. But things may get ugly for a few.

Let’s take the example of dowry cases in India. Although, this law has helped society to eradicate problems of dowry at some level. However, this is also true, many people are using this law for lodging false dowry cases against groom’s families. One such Nisha Sharma false dowry case grabbed a lot of media attention in the past.

This blog will cover the rights of the groom’s side to safeguard themself against false dowry cases.

Know your rights:

Do’s Before the Trial Starts

Intimate the concerned authorities: When the wife starts threatening the husband with legal proceedings against him and his family, the husband should at once inform the police authorities regarding the same. Submit an intimation letter giving the complete details of the threats that they are receiving. 

Anticipatory bail: The husband can apply for anticipatory bail under section 438 of the criminal procedure code 1973. Normally, in dowry cases, police arrest the husband and his family members, so taking anticipatory bail will be helpful. 

Deletion: In the early stages the deletion of the accused’s name is possible through the police or magistrate.  

Quash FIR: Under the provision of CrPC section 482, the high courts can dissolve the FIR if the party proves their innocence.

No settlement: In most false dowry cases the wives try to settle the cases after seeking financial benefits. However, the husbands are strongly advised not to settle things at this stage through money. There are chances that wives may use this later as a weapon. 

Consultation with a good divorce lawyer will be helpful at this stage. 

During the trial, present your proofs:

Present your facts: False dowry cases are lodged with the sole intention of harassing the husband and family members. Hence, genuine facts are missing. So, presenting your case with facts will be helpful.

Gifts: The groom’s side should make a list of the gift items received in marriage from the girl’s side. This is very important during the court’s proceedings. Also, retain all the bills of the gift items/jewelry given to the girl.

Medical test: Normally in such cases, an additional charge of physical violence or dowry harassment under 498A is also invoked. So try to have the report of the medical test conducted on the female. In the absence of any injury, the report will help the husband against false accusations.

Threat proof: Any chat or calls which show the threats by the wives, should be well maintained and presented.

What after you win 

It's unfortunate that even when the wife is proven wrong in the dowry case, still there is not much the court does about it. However, the husband can file for divorce.

The following sections can be imposed on the wife:

Section 177, False information to the police 

Injury to reputation, section 504 of IPC

False charges to injury, section 211 of IPC

Extortion IPC section 383

If you are looking for Divorce Lawyer in Gurgaon you can always visit us for an expert opinion.