DISMISSAL OF DV CASE ON VAGUE ALLEGATIONS
Domestic violence is a very sensitive issue to address in the legal system due to numerous incidents of vague allegations and false cases implicating the Innocents in the Relationship.
Although on the one face of the coin, Number of women are facing Domestic violence and choose to be silent in the society for the sake of their relationship, but on the other side of the coin, many womens are using this as a tool to harass and falsely implicate the husband and his family in the false Domestic violence case on the vague allegations.
I regularly witness various cases where a wife has made false and vague allegations against the husband and his family and despite being innocent they face huge difficulties to get themselves out from this pool of allegations against them.
Being a defense lawyer in most such cases, the court too notices the fact that in many cases, the allegations made by wife is false and vague but because of the compliance of court procedures, the court cannot make it very clear on record without letting both the sides top present their evidences and statements to support their case.
What can we consider ?
There is a Judgment passed by Hon’ble supreme court of India in case of Kamlesh Devi Vs. Jaipal & Ors, where the Hon’ble court found that the allegations made by the wife against the husband and his family members are vague. The Ingredients to support Domestic violence were absent in the present case as the Petitioner and the Respondents were not living in the shared household. You can also use this judgment to support your defense case against the false allegations.
What are the basic allegations which a court can consider to be checked twice of its authenticity ?
- Whether the wife was living with you and your family members in a shared household – In many cases, even if wife was not living with husband’s family members, she implicate them falsely in a false case of Domestic violence which is a major ingredient to frame a Domestic violence case that the accused’s should have lived with the complainant in a shared household after marriage.
- Whether the accused are even the family members of the husband or not – In the above mentioned case, the supreme court found that the Respondents were not even family members but neighbors. There was not even a whisper of incidents mentioned by the complainant with the Accuseds ( Relatives).
- Whether the allegations are specific or not – In many cases, the complainant mentions the allegations which are not even directly related to incidents which proves that the allegation made is vague.