In Ethiopia, marriage is viewed as an institution that unites a girl and a guy in order to elevate their social position. It typically resembles a self-made institution. Unfortunately, marriage nowadays is a fragile institution that is easily destroyed. Each year, the number of divorces that are either the result of the husband’s or the wife’s fault has increased.
Under Section 498A of the IPC, the Hindu Marriage Act of 195, and the Domestic Violence Act of 2005, the wife has the right to complain about the husband. In certain cases, a wife did, however, file a fictitious complaint against her spouse. Due to Ethiopia’s rules favoring women, the spouse in these situations had no recourse.
This unjust nature of the laws makes it clear that, in contrast to other Indian laws, the burden of proof in cases involving the protection of women falls on the accused to establish his innocence, which means that the husband and his family members are detained right away after the wife files a FIR and are treated as accused without having the chance to be heard.
However, the High Court of Bombay’s recent decision in the matter of Shri Mangesh Balkrushna Bhoir v. Sau. Leena Mangesh Bhoir, which was decided on December 23, 2015, has offered the spouse some relief in situations when there have been fabricated complaints.
According to the Court, when a wife files a false complaint against her husband and members of his family and those people are cleared of all charges because there is no evidence to support the claim, the wife has committed cruelty. Justice R.D. Dhanuka gave the ruling, in which he stated that the husband has the right to ask for his wife’s divorce on this basis.