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Discussion > Family Law > Custody > what if 498a case proved to be false   Unanswered Threads Post New Topic

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There are 35 Replies to this message


freelancer


NA
[ Scorecard : 44]
Posted On 02 October 2010 at 10:04 Report Abuse

HI, My wife left to her parental home with my two kids after 5 years of marriages. Now she had filed a false 498a complaint on me for my utter shock. Can you please tellme what if the case filed against me proved to be false? What happens to my kids who are in her custody?


Online certification courses in IP, IT and Social Media laws


Adv Archana


Practicing Advocate
[ Scorecard : 11376]
Posted On 02 October 2010 at 10:17 Report Abuse

If the case filed against you is proved to be false, then you'll get acquitted.



Total thanks : 1 times


cool


NA
[ Scorecard : 341]
Posted On 02 October 2010 at 10:20 Report Abuse

freelancer,

 

Further to what Adv Archana has advised, you can file the defamation suit on your wife. Get compensated accordingly.

 

For children, file child custody under GWA.



Total thanks : 1 times


adv. rajeev ( rajoo )


practicing advocate
[ Scorecard : 35335]
Posted On 02 October 2010 at 10:26 Report Abuse

except acuittal nothing.  I do not agree with cool, because there must be observatin in the judgement that complaint filed the case intentionally to defame the accused, then only you can file a defamation case.



Total thanks : 1 times


aflatoon dash


health
[ Scorecard : 395]
Posted On 02 October 2010 at 10:53 Report Abuse

How much period has elapsed between her going and today

After separating what was the lapse period after which she  her filled 498.

how old are the kids

whats yours and her educational qualification.



Dabangg Lady


Senior Management
[ Scorecard : 310]
Posted On 02 October 2010 at 11:01 Report Abuse

see the thread

http://www.lawyersclubindia.com/forum/LAWS-NOT-SO-BIASED-REMEDY-TO-FALSE-498A-24252.asp

talk to a good criminal lawyer expert on matri issues, try if both are one or same or a single team

read below above thread copied , teach a false 498a a lesson. these ppl are spreading legal terrorism in india. save ur nation

LAWS ARE NOT SO BIASED,

THERE IS REMEDY TO FALSE 498A TOO(everyone knows 95% in metros are fake),real victims( 5% ) never get justice. IF A LADY FILES FALSE 498A , MEN CAN SUE HER FOR FILING FALSE CASES

IPC 211 and 511 (Eleven In BOTH the cases)

211 :- is applicable (when a false 498a case is going on i.e. UNDER TRIAL)-(Imp : SAME COURT AND SAME MEGISTRATE CAN TAKE CONGNIZANCE- NOT EVEN HC/SC).

The Result of husband filing 211 : If the husband side is convicted then husband side GOES TO JAIL (Convicted) – (husband side NOT loosing anything here as they are already accused), if husband side is NOT CONVICTED (Acquitted) then the WIFE SIDE GOES TO JAIL… (3 CHEERS FOR FALSE VICTIMS). HERE IS THE POINT.

IPC 511 : Illustration : If a pocket picker puts his hand in the pocket of a person (EXPECTING SOME MONEY) and after putting HIS HAND HE FINDS NO MONEY INSIDE, THAT MEANS HE HAS DONE A CRIME OF “POCKET PICKING”….

Similiarly : If the wife files a false 498a complaint against the husband and the family (thinking that they will pay her xx Lakhs !) , AND AFTER FILING SHE COMES TO KNOW THAT ‘NOTHING’ (No money) is there in the pocket the SHE HAS DONE THE CRIME OF ‘BLACKMAILING’…)

Best of All : 511 IS APPLICALBLE FOR BOTH THE GENDERS….

I put in more simple scenerio : If a wife, files a false complaint KNOWINGY, that husband will SURRENDER TO HER DEMANDS (after false 498a), BUT AFTER FILING ITv (a false dowry case), SHE COMES TO KNOW THAT HUSBAND DOESNT HAVE ANYTHING TO PAY (Pocket EMPTY !!!!) THAT MEANS, THE WIFE HAS DONE THE CRIME OF BLACKMAILING (506).

so victims bhajan mandli can cheer up and bring fake ones to justice.

also u can use following according to situation

IPC 177– Furnishing false information.
IPC 182– False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC 191– Giving false evidence
IPC 193– Punishment for false evidence
IPC 194– Giving or fabricating false evidence with intent to procure conviction of capital offence.
IPC 195– Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
IPC 199– False statement made in declaration which is by law receivable as evidence.
IPC 200– Using as true such declaration knowing it to be false.
IPC 211– False charge of offence made with intent to injure
IPC 361– Kidnapping from lawful guardianship.
IPC 362– Abduction.
IPC 363– Punishment for kidnapping.
IPC 378– Theft
IPC 379– Punishment for theft
IPC 380– Theft in dwelling house, etc
IPC 405– Criminal breach of trust
IPC 406– Punishment for criminal breach of trust
IPC 415– Cheating.
IPC 417– Punishment for cheating.
IPC 499– Defamation.
IPC 500– Punishment for defamation.
IPC 503– Criminal intimidation.
IPC 504– Intentional insult with intent to provoke breach of the peace.
IPC 506– Punishment for criminal intimidation.



Total thanks : 8 times


Jamai Of Law


propra
[ Scorecard : 2118]
Posted On 02 October 2010 at 11:32 Report Abuse

 

I request experienced lawyers to kindly comment on this..................................

 

There is a difference between ........

plaintiff losing a '498a but unfortunately with no credible evidence'

Vs.  

plaintiff losing a '498a filed intensionally to malicious intensions'.

 

If a female doesn't have proofs or in-laws erase all such proofs, it doesn't necessarily mean that she had malicous intensions.

 

Otherwise it will create a fear in the mind of every plaintiff about approaching the judiciary about repremand for filing the case.

 

Charging them with 'false 498a' is like telling them 'Don't dare to come to court unless you have guaranty to win it'.

 

Damages are not applicable to extent of giving them criminal punishment for filing a case which they are not able to win merely due to unavailability of proofs (or which are insufficient in the eyes of law).

 

 

   



Total thanks : 2 times


Adv Archana


Practicing Advocate
[ Scorecard : 11376]
Posted On 02 October 2010 at 16:59 Report Abuse

Yes, there is a lot of differance between the two situations. The situation where the offence could not be proved due to insufficiency of evidence or due to certain lacuna in the evidence laid before the court and the accused got acquitted and the situation where it is clearly evident that the case is false and filed with malacious intentions just to harrass the accused.  In a criminal case the prosecution has to prove the offence beyond all reasonable doubts which is quite difficult in many cases perticularly in matrimonial cases. One of the reasons is that there is no witness to such domestic harrassment as things happens within the 4 walls of the house. In most of the cases the offence cannot be proved so the accused gets benefit of doubt so gets acquitted. In such a cases a case for malicious prosecution cannot be filed at all. Only when the malicious intentions can be gathered from the case then only such case can stand.



Total thanks : 4 times


Jamai Of Law


propra
[ Scorecard : 2118]
Posted On 02 October 2010 at 17:20 Report Abuse

@ Archana ji,

I appreciate your valued information.



Member (Account Deleted)


Advocate
[ Scorecard : 5659]
Posted On 02 October 2010 at 18:57 Report Abuse

Adv. Archanaji,

Very good information.  Thanks.




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