In the discussion below, we are going to discuss the options one has to prove that a case filed against a man by his wife is false, with the intention to merely harass him.
Possible reasons for filing a false 498A case
Wife wishes to harass her husband or his family under false case of 498A or is after her husband’s money, because a case of mental harassment would cause him to pay a hefty amount as compensation.
In a situation where a husband refuses to divorce, he may very well face a 498A case.
Small problems or fights in a marriage could result in huge fights as a result of the negative influence of a third party, which may result in the filing of a 498A case.
In order to save herself from charges filed by her husband, for example, in case she has been found out by her husband of committing adultery, she may file these false cases so as her husband could not prosecute her for adultery.
To prove a false case of 498A
While filing a false case of 498A, the duration for which a case would continue may depend upon the evidence produced and how efficiently your lawyer represents your case.
Anticipatory bail- it would be favourable to seek anticipatory bail under Section 498A of IPC, if you have reason to believe that a case under Section 498A could be filed against you. Applying for anticipatory bail may protect you from an arrest in a false case of 498A.
It will be a stressful situation if a false case under Section 498A of the IPC is filed against you or your family. The situation would worsen if there are chances of getting arrested even if there wasn’t any fault on your side. It is, in these circumstances, advised by the divorce lawyers to not visit the Investigating Officer without having protection in the form of an Anticipatory bail. If you have reason to believe that your wife will file a false case under Section 498A, it is advised that you immediately hire a Divorce Lawyer In Mumbai or a Divorce Lawyer In Kolkata, or your own city, who would be able to help you get an anticipatory bail.
Important steps so as to prove that a false case has been filed against you.
Collect all Evidence and Documents:- a very important step while proving false accusation is to gather substantial materials which could provide details regarding the false case of 498A. You could start collecting evidences including-
Any conversation held with the complainant either in the form of telephonic conversations, SMS, e-mails, letters, call recordings,etc.
Conversations proving that the wife moved out of the house on her own.
Evidences in order to prove that no demand was made for dowry, either before or after the wedding
The most necessary document during a court case is evidence, in whose absence nothing could be proved as right or wrong.
An experienced Divorce Lawyer In Noida could help you with collecting necessary evidence as well as the acceptability of the evidence in your case.
Cross-examination:- is an important stage during a court case, where a false case filed by the wife could get demolished. It is, thus advised to the aggrieved party to hire an experienced advocate who could help them through this stage.
Burden of proof would initially lie on the prosecution’s side, i.e.the wife’s side.
Statements recorded under Section 164 of the Act are important as after the statements under Section 164 have been recorded, the burden of proof would shift upon the defendant i.e the husband to disprove these allegations.
During the cross-examination in the court case, questions should be asked contradicting the statement given by the wife and not those which could provide her with an opportunity to give an explanation of her statements.
For instance, if the wife claimed that she was beaten up, it must be asked of her during the cross-examination, if she filed any police complaint in this regard or visited a doctor for medical treatment.
Judgements
In the case of Lalit Bhatia v State of Uttar Pradesh & ors., (27 May, 2005, Allahabad High Court) it was held by the Court that a false case of 498A was filed by the wife with the sole objective to harass her husband and in-laws. After going through the records it was concluded by the court that the case filed was sheer misuse of Section 498A.
In the case of S. Savitha v Mr. Velmuruga, (31/08/2017, Madras High Court) it was held by the court that reckless, defamatory and false accusations were made by her against her husband and in-laws which would result in negatively affecting his reputation in the society and amongst her colleagues, this act of the spouse, hence shall be counted as an act of cruelty.
Conclusion.
It could be inferred from the above discussion that proving a false case of 498A is not so easy, however, could be sorted out with the help and advice of an experienced advocate.
Lead India offers you a wide pool of experienced lawyers who have been successfully handling cases related to dowry cases, domestic violence cases, false cases under Section 498A,etc. If you wish to talk-to-lawyer or ask for free-legal-advice, you may contact us.
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