Women are often the victims of various crimes as compared to men. Hence, various laws have been formulated to specifically protect women from being the victim of such offences. But, Section 498A of IPC, which was also introduced to protect women from violence against them, is now being commonly used as a tool against their husband and in-laws in many cases.
As has been mentioned under Section 498A, it will be a crime committed by the husband as well as his family members if a woman is subjected to mental cruelty by them which can drive such woman to commit suicide or cause physical or any mental injury with an intention of forcing her or any relative of hers to any unlawful demands of property.
Protection against false cases of 498a IPC ?
Below is a list of remedies which can help one to protect himself when a false complaint is file against him or if he or his family are being threatened for the same:-
Evidence and documents- the first step proving an accusation under Section 498a as false will be to gather the required materials explaining the details related to your cases. The accused must start collecting evidence including any conversation between his family members and his wife, whether in the form of SMS, e-mails, letters,call recordings, etc. Also, the accused would have to produce proof stating that the wife moved out the house on her own and would have to prove that no demands for dowry were made either during the marriage or before it.
Anticipatory Bail- if the aggrieved person has reason to believe that his wife may file a FIR under the Section 498a of the IPC, then he should immediately hire a divorce lawyer in Delhi in order to get an anticipatory bail preventing any arrest. Anticipatory bail is a precautionary bail in case the police arrest you or your family members.
Get the FIR registered under 498a quashed- if he has sufficient proof, the aggrieved person can also apply for the quashing of FIR which has been registered under Section 498a of the IPC in High Court as per section 482 of CrPC.
File an FIR against the wife- the aggrieved party can also file a FIR against the wife for blackmailing or for filing a false FIR against him or his family. He must get his complaint drafted by a divorce lawyer in Gurgaon , so that his FIR could not be rejected by the police on unreasonable grounds.
File a defamation case against such false 498a case- a defamation case could also be filed against the wife for maligning the image of the husband or his family by filing a false case against him.
Rights provided.
The family of the husband and the husband can be subjected to punishment under the Section 498a of the IPC, Dowry Act or even under Section 304a- if a threat is made to the life of a woman, if she is being harassed for dowry before, during or after her marriage.
If the husband or his family member wish to file a counter case against the wife for filing a false case against them, provisions of law mentioned hereunder could be helpful for the same
A case could be filed under Section 120B of the IPC, if the wife is conspiring against the husband or in-laws.
If false evidence has been framed or presented against you, then the aggrieved party can file a case under Section 191 of the IPC alleging that he is being wrongfully framed .
If the wife threatens to defame the husband or her in-laws or to drag him and his family to the court, then a case could be filed for defamation under Section 500 if the IPC .
Under section 277 an application could be submitted, if the husband believes that a complaint which has been filed by his wife under Section 498a of the IPC is false.
In case the evidence supporting her claim is not enough and the husband or the in-laws could produce proof to help prove their innocence, then the judge, in such a scenario may dismiss the case filed under Section 498a.
The Indian Courts and the enforcement due to recent rise in false cases have become vigilant in dealing with the cases related to Section 498A. If you are a victim of such a false case, it is necessary that you are aware of your rights so that you can exercise them when required. An experienced divorce lawyer in Noida could help you with the same and can assist you in taking proper legal action for the same.
Lead India offers you a team of experienced advocates who have been successfully dealing with cases similar in nature including other cases related to divorce, child custody, etc and thus can help you with the same. Thus, if you wish to talk to a lawyer or seek free legal advice, you may contact us.
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