top of page
Search
Writer's picturethelila500
Mar 27, 20233 min read

What Is The Protective Laws For Husband If Charged By A 498a Case

Matrimonial cruelty can take the form of several forms of physical and mental abuse, to name a few. Hence, these rules protect married women from constant coercion, torture, abuse, or threats in exchange for giving in to their husbands' or family members' illegal demands. It is a cognizable offense that cannot be compounded and cannot be punished with bail.


Protective Laws Needed by Husband if Charged under Section 498A


If a man is falsely accused in accordance with Section 498A, he may launch a countersuit under various provisions of multiple statutes. Depending on the circumstances, for instance-

  • A man may bring a countersuit for defamation in accordance with Section 500 of the Indian Penal Code. If a woman makes untrue accusations about her husband or family member, a case may be brought against her.

  • Suppose a man discovers that his wife is engaging in a criminal conspiracy against him or any of his family members. In that case, he may file a criminal conspiracy complaint under the virtue of Section 120B of the Indian Penal Code.

  • A man may claim that he is being unlawfully prosecuted under the virtue of Section 191 of the Indian Penal Code if he finds that the evidence being used against him is false.

  • If a man believes his wife has unjustly brought a case under Section 498A against him or his family members, he may file a countersuit for violation of the condition of remission of punishment under Section 227 of the Indian Criminal Code.

  • Under the virtue of Section 506 of the Indian Penal Code, a counter-complaint may be made if a wife makes threats against her husband or his family.

How To Request Protection From Section 498A?


The legal options for anyone if a life partner's justification for misusing the law is known and even demonstrates enrolling a fake case under Section 498A for individual profit are limited due to the abundance of ambiguous escape clauses in Indian legislation.

  • Obtaining all necessary documentation and proof The first and most crucial step in refuting a claim is to gather all relevant evidence that sufficiently illustrates the complexities of the 498A case. As much evidence as is possible should be examined and gathered, including-

  • Any conversations between the wife and a relative of the husband or any correspondence between the wife and her family members, including Text messages, letters, call logs, etc.

  • Any evidence that the wife left on her own accord

  • Any proof that payment wasn't required before or after the wedding

  • Obtaining Anticipatory Bail- If the husband believes his wife may file an FIR in accordance with Section 498A; he may hire a criminal defense lawyer to obtain anticipatory bail to prevent both his detention and that of his relative. A sensible bail that avoids arrest is analogous to anticipatory bail. Under Section 438 of the Criminal Procedure Code, any of the spouses may file a petition for anticipatory bail.

  • Quashing the FIR under Section 498A- By filing an appeal with the High Court in accordance with Section 482 of the Criminal Procedure Code, any of the spouses may have the false 498A FIR dismissed. The courts are normally reluctant to intervene with the police after an FIR has been filed, but if there is enough evidence, they may dismiss the fraudulent 498A FIR that the spouse may have filed.

  • Filing an FIR for False Complaint under Section 498A- The husband has the right to file an FIR against his wife and a defamation lawsuit against a false 498A for extortion or for compiling false 498A proof against the husband. The Indian police fundamentally oppose such FIRs; the only exception is if the case cannot be challenged, in which case even the police will license or permit such FIRs.

  • Filing a Criticism body of Evidence in Opposition to a False 498A Case- By documenting a false collection of evidence against the husband, a spouse may file a slander complaint against the wife for disparaging the husband's reputation.

You will need a lawyer if the husbands are wrongfully accused under Section 498A of IPC. If you want to get yourself protected against a false Section 498A case in Pune.

Then a Divorce Lawyer in Pune can be hired, and if you want to file an FIR for such a false complaint under Section 498A in Gurgaon, then a Criminal lawyer in Gurgaon can be hired.


Similarly, a Divorce lawyer in Delhi can be employed for such purpose under Section 498A in Delhi.


At Lead India, you can talk to a lawyer. You can obtain free legal advice as well as ask a legal question online for free to lawyers at Lead India.



Call Us: +91–8800788535


4 views0 comments

Recent Posts

See All

Comments

Post: Blog2_Post
bottom of page