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Writer's picturethelila500
Oct 8, 20223 min read

WHAT TO DO IF FALSE 498A CASE IS FILED AGAINST ME?

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


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


How to seek protection against false cases of 498a IPC?


Mentioned below is a list of remedies that could help one to protect himself in case a false complaint is filed against him or is being threatened for the same-

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


Anticipatory Bail - in case you believe that your wife may file an FIR under Section 498a of the IPC, you should hire a Family Lawyer In Delhi and should get an anticipatory bail to prevent any arrest. It is a precautionary bail in case of 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 provided under section 482 of CrPC, in case you have sufficient proof.


File an FIR against the wife - an FIR can also be filed against the wife for blackmailing or filing a false FIR against you. You should 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 can be filed against the wife for maligning your image by filing a false case against you.


Rights provided -


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

In case you wish to file a counter case against your wife for filing a false case against you, following the list of provisions would be helpful for the same-

  • A case can be filed under Section 120B of the IPC, in case your wife is conspiring against you.

  • In case 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 threatens to defame you or drag you and your family to the court, then under Section 500 if the IPC a case can be filed for defamation.

  • Under section 277 an application can be filed, if you believe that the complaint filed by your wife under Section 498a of the IPC is false.

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

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


Call Us: - +91-8800788535

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