The Kerala High Court has denounced the practice of wives filing frivolous complaints against their husbands over matrimonial disputes, accusing them of sexually assaulting their minor children.
Justice P.V. Kunhikrishnan made the observation while recently quashing a case registered against a man on his wife’s complaint charging him with the provisions of Protection of Children from Sexual Offences (POCSO) Act and the Juvenile Justice Act.
The court observed that matrimonial disputes leading to false allegations of child sexual exploitation by a father can have severe and far-reaching consequences for all parties involved. False allegations can cause immense emotional distress for the accused, child and other family members. The accused may have to suffer social ostracism, damage to his reputation and loss of community stand if the allegations are later proven false. Besides, the child may go through emotional distress, guilt or anxiety due to being at the centre of the dispute.
The court added thatcustody of the children often becomes a major bone of contention for the parties involved.
In this particular case, the court said it was unfortunate that the mother used her 3-year-old girl child as a weapon to fight against her husband and filed a frivolous complaint with an ulterior motive to get the custody of the child.
The court also ordered POCSO courts to direct the police to register a case under Section 22 of the POCSO Act (punishment for filing false complaint) and proceed in accordance with the law, if they find substance in the case of the accused and that the accusation is false.
