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Writer's picturethelila500
Oct 12, 20224 min read

How NRI File Counter Case Against False 498a

The IPC's Section 498A is designed to safeguard women who are legitimately subjected to abuse by their husbands and his family. However, the issue of how many innocent men and their families have been tortured as a result of this statute has become more and more prominent. Be it arranged marriage or love marriage, cases of false 498A has been seen. Although in court marriage, couples appoint Lawyer For Court Marriage. Despite their wish, false cases of 498A can be seen in court marriages also.


According to Section 498A of the IPC, a woman who experiences abuse at the hands of her husband or his relatives faces a three-year prison sentence as well as a fine. It might be inferred that this clause lays forth a substantive provision giving the woman the right to sue her husband or parents if they treat her cruelly.


The simple mutual divorce procedure makes 498A a popular choice for settling disputes. Men have occasionally had trouble getting anticipatory bail under 498A, even when the charges are untrue. These rules have come under scrutiny for failing to safeguard or acknowledge the harm meted out to men relative to women.

Defenses against false 498A cases: However, it has been observed that there are several gaps in Indian law that need to be filled. If the husband is an NRI and wife files a false 498A case, then there are chances that the passport can be seized. Immigration Lawyer Ahmedabad can help the husband by giving advice in such cases. If a woman decides to abuse the law and threatens to file a fraudulent case for personal advantage, the list of legal defenses against section 498a is provided to the NRI husband:

  • Collect evidence and documents: Gathering all relevant evidence that adequately elaborates on the specifics of the 498a case would be the first stage in demonstrating a false charge. Any correspondence between you and your wife or her family members, such as SMS, emails, letters, call recordings, etc., as well as any proof that your wife left your home voluntarily, as well as any evidence that no demands for dowry were made prior to or following the wedding, must be gathered as soon as possible.

  • File for anticipatory bail: Employ a criminal defense attorney and obtain an anticipatory bail under Section 498A if a FIR has been filed in order to prevent yourself or your family members from being arrested as you are out of India. In case, police go ahead and make an arrest, anticipatory bail is similar to a defense bail. Under Section 438 of the CRPC, you may apply for bail in India as security in a case under Section 498a of the IPC. If an FIR has been filed in Delhi then a lawyer in Delhi should be appointed to represent the case in court.

  • Filing case under section 482 of the Code of Criminal Procedure: If you have enough evidence and can convince the court that the charges are baseless and untrue, the High Court may dismiss the false case brought under Section 498A in accordance with Section 482 of the Code of Criminal Procedure, Lawyers In Delhi.

  • File FIR for false 498A objection: You might even make a formal complaint against your wife for extortion or making up a bogus 498A case. In India, police typically oppose filing such an FIR, but if the case is well-supported by evidence, the police cannot refuse to register an FIR against the wife. A skilled criminal attorney should design the complaint so that the police are unable to reject it for any reason. You can file a written complaint against a police officer with the Superintendent of that police station if the police refuse to record an FIR.

  • File defamation case: By filing an FIR against your wife, you might make a case for blackmailing and defaming yourself or your family members.

Provisions under which countercase can be filed:

  • A counter case can be brought under section 191 of the IPC, claiming that your wife is using false evidence against you or that you are being wrongly implicated.

  • If the husband discovers that his wife is engaging in criminal activity against him, he may initiate a case of conspiracy under section 120B of the IPC.

  • If your wife has already filed a fake case against you under Section 498A and you find out about it, you can file a counter case against her under Section 227 of the IPC and claim that the case was falsely filed.

  • If your wife makes threats to hurt you or any of your family members, you can also file a counter case against her in accordance with section 506 of the IPC.

  • If your partner makes threats to bring you and your family unjustly into court or to slander you. In accordance with Indian Penal Code Section 500, you may bring a counterclaim for defamation.

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