IndiaMy wife filed a false DV case. What are my remedies?
You can file a counter-complaint for false DV allegations under Section 24 of the DV Act, seek dismissal via application under Section 23(2), and file criminal complaints for defamation or filing false information under IPC Sections 500 and 182.
What the Law Says
The Protection of Women from Domestic Violence Act, 2005 (DV Act) provides safeguards for women but also includes provisions to deter misuse. Courts may dismiss frivolous cases and award costs to the aggrieved respondent.
Under Section 23(2) of the DV Act, the Magistrate may refuse to grant any relief or dismiss the application if it is found to be frivolous, vexatious, or filed with mala fide intent.
Section 24 allows the court to order the aggrieved person to pay costs to the respondent if the application is found to be false or malicious.
Additionally, filing false information before a public servant is punishable under IPC Section 182 (imprisonment up to 6 months or fine or both), and defamation under IPC Section 500 (imprisonment up to 2 years or fine or both).
Statutory TextThe Magistrate may refuse to grant any relief or dismiss the application if it is found to be frivolous, vexatious or filed with mala fide intent.
— Protection of Women from Domestic Violence Act, 2005, s. 23(2) — Power to refuse relief
Statutory TextThe Magistrate may, after hearing the parties, order the aggrieved person to pay to the respondent such compensation as he deems fit, if the application is found to be false or malicious.
— Protection of Women from Domestic Violence Act, 2005, s. 24 — Costs
What Courts Have Said
Indian courts have repeatedly cautioned against misuse of the DV Act and upheld remedies for falsely accused persons.
The Supreme Court observed that DV Act provisions are sometimes misused to harass husbands and in-laws, and directed courts to scrutinise complaints carefully to prevent abuse.
The Court held that mere denial by the respondent does not entitle him to dismissal, but if material on record shows the complaint is false or exaggerated, the court must exercise powers under Section 23(2) to dismiss.
What to Do
File an application under Section 23(2) DV Act seeking dismissal of the false complaint with supporting evidence (e.g., call records, witnesses, contradictory statements).
Apply under Section 24 DV Act for recovery of litigation costs and compensation.
File a police complaint under IPC Section 182 (giving false information) and/or Section 500 (defamation), supported by documentary proof.
Seek anticipatory bail under Section 438 CrPC if arrest is imminent.
Consider filing a civil suit for damages for malicious prosecution if the DV case is fully quashed.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.