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Writer's picturethelila500
May 4, 20233 min read

How NRI File Counter Case Against False 498a Online?

The purpose of Section 498A of the IPC is to protect women who are lawfully the victims of abuse by their husbands and his family. But as a result of this law, the question of how many innocent men and their families have been tortured has gained increasing attention. False 498A cases have been reported in both arranged marriages and love marriages. Although couples appoint Lawyer For Court Marriage, it is still legal. Contrary to their wishes, court marriages might often result in bogus 498A cases.


A woman who suffers abuse at the hands of her husband or his relatives is subject to a three-year prison sentence as well as a fine, per Section 498A of the IPC. This phrase may be seen as laying forth a substantive provision granting the lady the right to bring legal action against her husband or parents if they treat her cruelly.


498A is a well-liked option for resolving conflicts due to the straightforward mutual divorce procedure. Even when the accusations are false, men have occasionally had problems gaining anticipatory bail under 498A. These laws have drawn criticism for neglecting to protect or recognise the harm done to men relative to women.

Defences against bogus 498A cases:-

It has been noted that Indian law still has a number of gaps that need to be remedied. The passport may be taken if the spouse is an NRI and the wife files a fictitious 498A lawsuit. The husband can benefit from the guidance of an Immigration Lawyer Ahmedabad in such circumstances. The NRI husband is given a list of legal defences to section 498a if a woman decides to misuse the system and makes threats to file a false case for personal gain:

  • Gather documentation and evidence: The first step in proving a false allegation would be to gather all pertinent material that adequately clarifies the details of the 498a case. The earliest possible evidence of any correspondence between you and your wife or members of her family, including SMS, emails, letters, call recordings, etc., as well as any proof that your wife left your home voluntarily and any proof that no dowry demands were made before or after the wedding, must be gathered.

  • Apply for anticipatory bail: If a FIR has been filed, get a criminal defense lawyer and get anticipatory bail under Section 498A to avoid being detained while you are abroad with your family. Anticipatory bail is comparable to a defense bail in the event that the police go ahead and make an arrest. You may seek bail in India under Section 438 of the CRPC as security for a case under Section 498a of the IPC. Lawyers In Delhi should be chosen to represent the case in court if a FIR has been lodged there.

  • Filing a case under Section 482 of the Code of Criminal Procedure: The High Court may dismiss the false case brought under Section 498A in accordance with Section 482 of the Code of Criminal Procedure if you have sufficient evidence and can persuade the court that the allegations are unfounded and untrue.

  • File a defamation action: You might claim that your wife has been blackmailed or that you have been defamed by bringing a defamation case against her.

  • Make a legal complaint against your wife for extortion or fabricating a fraudulent 498A case: You may even file a formal report for a phony 498A objection. Nonetheless, if the case is well-supported by facts, the police cannot refuse to submit a FIR against the wife in India, despite the fact that police normally oppose filing such a FIR. A knowledgeable criminal lawyer should construct the complaint in such a way that the police cannot reject it for any reason. If the police refuse to file a FIR, you can submit a formal complaint against that police officer to the station's superintendent.

Rules under which a countersuit may be brought:

  • The husband may file a conspiracy case under section 120B of the IPC if he learns that his wife is participating in criminal activity against him.

  • Under section 191 of the IPC, a counter case may be filed on the grounds that your wife is incriminating you falsely or using false evidence against you.

  • If your partner threatens to defame you or bring your family unfairly into court. You are permitted to file a counterclaim for defamation in accordance with Indian Criminal Code Section 500.

To address the issue, Lead India provides a variety of knowledge, legal services, and free legal advice To get the best guidance in this case, ask a legal question and talk to a lawyer.


Call Us: +91–8800788535


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