- Pending matrimonial dispute between wife and husband any complaint by husband to HRC will be suspect. Further, a complaint can be made to HRC only at the first instance of offence, that is before filing any complaint oral or written in any law enforcing agency. As she made a complaint to police her complaint will not be considered by hrc.
- Any protection order by DVC will certainly help you against any complaint by him as the same is on the face of it is counter blast to cases filed by you.
- Let them approach hrc, it will direct police to make an inquiry as hrc has no power to do so. After receiving call from police you can disclose real facts to hrc through police.
- Evidence by husband will not be taken seriously there being cases filed against him by you.
- At the worst you may be called by police, after realizing the correct situation, hcr will dismiss his complaint.
- Avoid maid as for as possible and fix secrete cctv cameras to record their conduct.
- You can certainly file a case for defamation claiming damages as compensation against both but only after the complaint is closed by hrc.
False complaint at Human Rights Commission
I am a 71-year-old Retired Govt Doctor. My husband has been abusing me physically and mentally since marriage hence I filed a DVC in 2017. In the year 2019, we went into a compromise for our DVC case. Since 2019, I have been noticing an illicit relationship between my husband and his domestic help. As I questioned their illicit affair, my domestic help and husband are harassing me with false police complaints. Since Sept 2021, they have been threatening me that they would launch a complaint at Human Rights Commission falsely claiming that I physically assaulted his Domestic Help and passed casteist remarks on her as she belongs to SC. On Oct 1st they gave an oral complaint in the police station claiming the same. Hence, to avoid any further trouble, I had given a written complaint to the Commissioner of Police regarding the situation immediately. The complaint was not pursued further as I filed another DVC to protect myself. Keeping this in mind, I have the following questions: 1. Now, my husband and domestic help are planning to pursue their oral complaint (which was given in October 2021) and approach the Human Rights Commission. Will their complaint be considered valid now even if my husband falsely testified the same? 2. The DVC judge recommended an Interim Protection Order for me against my husband and domestic help from filing false complaints against me. I am yet to receive the Protection Order in hand. If the Order is passed, will it be of any help for me against this false complaint? 3. Should I approach the Human Rights Commission beforehand and submit the Protection Order to them? 4. Will my husband’s witness be accepted in the court as there is already a DVC at present, and I have clearly mentioned my husband’s illicit affair with domestic help? 5. What will be the consequences for me? 6. Is there anything I can do to safeguard myself? 7. If proved that they have filed a false complaint, can I sue my husband for the mental agony I underwent?
Asked 3 years ago in Family Law
Religion: Hindu
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5 Answers
If they file any complain go from anticipatory bail
Yes it will be great help
You can if you want
It depends how court takes the witness
You can relax now till any complain is filed
Yes you can file for compensation for filing false complain
1. If they falsely testify before the legal forum, you may challenge the same on merits and documentary evidences in your support.
2. Yes it will come to your rescue in this regard.
3. Not necessary, you may wait for the notice to be served on you after which you can challenge the false case with this support.
4. See ther first answer above.
5. You may wait and watch for the orders to be passed in the disposal of any such case.
6. See the first answer above.
7. No, but you can file a defamation case
Humans rights commission will direct local police to investigate the complaint
2) interim protection order will help you
3) you can approach human rights commission but they would not intervene as you have protection order
4) you can file complaint of criminal defamation against your husband if he falsely accused you
Dear Client,
The National Human Rights Commission of India was set up in India under the Protection of Human Rights Act, 1993. The then Prime Minister of India convened the Chief Minister's Conference in 1992 to develop modalities of setting up the Human Rights Commissions.Complaint Redressal and Inquiry is one of the major activities of SHRC. SHRC accepts grievances written in any language by post, telegram, fax, email or even on mobile, and also through assistance counter. It charges no fees. Yes, the protection order will be of help as it will protect you from any of their aggression and extortions.Section 315 prohibits an 'accused' from being examined as a defence witness if the Court has convicted him.
Thanks & Regards
