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Writer's picturethelila500
Mar 24, 20234 min read

What To Do If A False 498a Case Is Filed Against My Younger Sister ?

Women are more often subjected to various domestic crimes in comparison to men. In most cases, they are the victims and therefore, various laws are made in order to ensure protection to them. However the provision of Section 498A of IPC, which was initially made to protect women from violence against them, is now being misused as a tool by them against their husband and in-laws.


As per Section 498A, it would be a crime committed by the husband or his family members if they subject a woman to mental cruelty which could ultimately drive the woman to commit suicide or cause any physical or mental injury in order to coerce her or any relative of hers to any unlawful demands of property.

How to seek protection against false cases filed under 498a IPC ?


Mentioned below is a list of remedies which may help one to protect himself or his family members in case a false complaint is filed against him or if he is being threatened for the same.

  • Evidence and documents:- the first step while proving an accusation under Section 498a as false would be to gather all the substantial materials elaborating on the details related to the cases. You should start collecting evidence related to any conversation between your family members and your wife in the form of SMS, e-mails, letters,call recordings, etc. Also, you could also produce proof saying that your wife moved out the house willingly, and evidence proving that no demands of dowry were made during the marriage or before it.

  • Anticipatory Bail:- if you believe that your wife is about to file a FIR under the Section 498a of the IPC, you must immediately hire a Family Lawyer In Delhi and should get an anticipatory bail to prevent any arrest. It is a precautionary bail in case the situation arises where the police arrest you or your family members.

  • Get the FIR under 498a quashed:- you can also file for the quashing of FIR under Section 498a of the IPC in the High Court of the respected state as has been provided under section 482 of CrPC, in case you have sufficient proof.

  • File an FIR against the wife- a FIR can be filed against the wife for blackmailing or filing a false FIR against you or your family. You must get your complaint drafted by a good Divorce Lawyers In Hyderabad so that such an FIR cannot be rejected by the police on any grounds.

  • File a defamation case against the false 498a case:- a defamation case could be filed against the wife for maligning your image by filing a false case against you.

Rights provided.

The husband or the family of the husband could be subjected to punishment under the Dowry Act, Section 498a of the IPC or even under Section 304a-in case there is a threat to life of the wife, in case the woman has been harassed for dowry before, during or after the marriage.


If you are planning to file a counter case against your wife for filing a false case against you, following list of provisions would be helpful for the same.

  • A case could be filed under Section 120B of the IPC, if you have reason to believe that your wife is conspiring against you.

  • If false evidence is framed or presented against you, then you can file a case under Section 191 of the IPC alleging that you are being framed wrongfully.

  • If your wife is threatening to defame you or drag you and your family to the court, then under Section 500 of the IPC, a case can also be filed for defamation.

  • As has been provided under section 277 an application can be filed if you believe that the complaint which has been filed by your wife under Section 498a of the IPC is false.

  • In case there is not enough evidence to support the claim of your wife and you can produce proof to help prove your innocence, then the judge can dismiss the case under Section 498a.

Nowadays, the Indian courts as well as the enforcement authorities have become vigilant in dealing with the cases related to Section 498A as an increase in these false cases has been observed.


However, in case you are a victim of such false cases, it is important for you to be aware of your rights, so that you could exercise them when necessary. An experienced Divorce Lawyers In Delhi could help you with the same and could also assist you in taking a proper legal action for the same.


Lead India offers you a team of experienced advocates who have been successfully dealing with similar cases as well as cases related to divorce, child custody, etc and could help you with the same. Hence, in case you wish to seek free legal advice online or talk-to-lawyer, you may contact us.


Call Us: +91–8800788535


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