The provision of Section 498A of the IPC was introduced to ensure the protection to women who have been a victim of abuse or cruelty by the husband or his family. However, the law made to protect the women is being misused by them against their husbands or in-laws. Also, the husband has the right to file a counter case against such false cases with the assistance from experienced Lawyers in Delhi.
Section 498A of the Indian Penal Code- provides that if a woman is being subjected to cruelty by her husband or her in-laws, they shall be punished for a period of 3 years with fine. It could be understood that the Section 498A of the IPC is a substantive provision which empowers a woman to file a case against her husband or her in-laws in case of an act of cruelty against her.
When can a counter case be filed against a false case of 498A?
Even if the provisions of Section 498A of the IPC provide protection to a woman against cruelty by her husband or in-laws, following a list if substantive provisions has been provided in the IPC, which shall be helpful in filing a counter case against the wife in case a fake under the provision has been filed by her-
A case of conspiracy could be filed by the husband under Section 120B of the IPC, in case it is found by the husband that his wife is conspiring a crime against him.
In case you have been wrongfully framed by your wife by using false evidence, a counter case could be filed under Section 191 of the IPC against her.
In society, the reputation of a person is of utmost importance. Hence, in case your wife threatens to defame or malign you or the image of your family members by false accusations, a counter case of defamation could be filed under Section 500 of the IPC.
Also, in case your wife threatens you to cause harm to you or to your family members, a counter case could be filed under Section 506 of the IPC.
If it comes to your knowledge that a false case under Section 498A of the IPC has been registered by your wife against you, then a counter case could be filed against your wife under Section 227 of the IPC insinuating that the case registered under Section 498A is bogus and baseless.
Also, Section 9 of the Code of Civil Procedure provides for the recovery of damages against the wife in case she breaks into your wife while creating a scene of falsely alleging that she has been abused emotionally or physically.
Protection against false allegations under Section 498A-
Following are some of the remedies available to you in case you seek to protect yourself against false case of 498A of IPC
Gather all the evidence and documents- first of all you should start assembling all the evidence with substantial materials related to the case under Section 498A of the IPC. Evidence could include recorded conversations between family or with your wife in the form of text messages, emails, video recordings etc. Evidence related to the wife leaving the marital house as well as evidence proving that no demand for dowry was ever made.
Get anticipatory bail- in case you believe that a case could be filed against you under Section 498A of IPC, you could hire a lawyer for anticipatory bail so as to protect you and your family members.
To file a case under Section 482 of CrPC- a false case filed under Section 498A of IPC can be quashed by the High Court as per the provision provided under Section 482 of the Code of Criminal Procedure in case sufficient proof has been provided and the Court is satisfied that the allegations made in the case filed under Section 482 are bogus and false
Defamation case- As has already been mentioned above, a case for defamation or blackmail could be filed by filing an FIR against the wife.
Conclusion
As could be inferred from the above mentioned discussion, in case the wife has filed a false case under section 498A of the IPC, various steps could be taken by the aggrieved party. In case the husband is an NRI, it is advised to seek the advice of Immigration Lawyer Ahmedabad, who could offer you advice related to the provisions of law involved as well as the steps which could be taken by the defendant.
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