2 Answers
Dear Client,
Your situation is serious and must be handled on both defensive and proactive fronts simultaneously. Being a simple, hardworking person does not make you helpless under the law.
On protecting yourself from false allegations, the most important thing you can do right now is document everything. Keep a daily written record of every incident her behaviour, misbehaviour with your family, and every instance where she consumes alcohol. If she has caused physical disturbance or made threats, note the dates and times. Any video or audio recordings made in your own home for self-protection are permissible as evidence. Inform your immediate neighbours and family members who are witnesses to her conduct their testimony will matter in court.
If she files any false complaint under Section 498A BNS (cruelty) or similar provisions, do not panic. Courts are increasingly aware of misuse of these provisions. Immediately apply for anticipatory bail under Section 482 of the BNSS as a precautionary measure. The Supreme Court in Arnesh Kumar v. State of Bihar (2014) laid down strict guidelines that police cannot arrest in 498A cases without proper verification. File a written complaint with the local police against her conduct her alcoholism, abusive behaviour, and misbehaviour with your family. This creates a contemporaneous record. Under Section 85 BNS (cruelty by husband or relatives), the reverse is also possible her persistent misbehaviour and creating a hostile environment at home can amount to mental cruelty against you, giving you grounds for divorce on grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. Since the marriage is recent, gather all evidence quickly before patterns become disputed. Consult a family court advocate immediately.
I hope this helps, and if you have any further issues, do not hesitate to contact us.
Dear Client,
If your wife is making false allegations against you, the first step is to stay calm, protect yourself legally, and gather evidence (messages, videos, witness names) that show your simple life, that you are not abusive, and that she is misbehaving or drinking. If she has filed or threatens to file a police or domestic violence case, immediately consult a criminal/family law lawyer so they can help you file a proper written statement, secure anticipatory bail if needed, and later, if the case is proven false, you can file a counter case for false information, defamation, or divorce on the ground of mental cruelty, because Indian courts do treat baseless criminal or DV cases by one spouse against
the other as a form of cruelty and may give you protection and relief if you can prove the allegations are false. At the same time, because alcohol related behaviour can be serious and unstable, consider whether counselling or help for her drinking (through a doctor or NGO) ispossible, and if you feel unsafe or are being dragged into baseless cases, be ready to talk to people you trust and, if necessary, move for a legal separation or divorce, using your evidence to show the marriage is not working and that you are being unfairly targeted.
I hope this helps and if you have any further issues do not hesitate to contact us