Mis using the law by my wife
Ajay Kumar Reddy
(Querist) 02 March 2014
This query is : Resolved
Respectd Experts,
I want one advice, that i win the 498 case against me. In my Judgment copy Judge has written that after gettig the Jammanti warrant of 406 she has filed the 498 case against me.
Actually she has captured my house and my all valuable articles so i have applied 406 under criminal complaint basis. she got the jammanati warrant 6th may 2008 and then for taking revange she has applied 498 on 23rd may 2008. His father has also told that i have not asked any dowry from them on marriage time or after marraige all this thing is mentioned in the Judgement.
My qu. is that:-
1. She has misused the law, can i go for any complaint on her and under which section mean IPC.
Please advice me i want your valuable advice then i will take action against her.
Yours
Ajay Reddy
ajay sethi
(Expert) 02 March 2014
if your wife had filed false 498A case against you and you have been acquitted then you can file for divorce on grounds of mental cruelty . number of judgments on issue false 498A case is ground for divorce
Guest
(Expert) 02 March 2014
I agree with Shri Ajay Sethi.
T. Kalaiselvan, Advocate 
(Expert) 02 March 2014
Yes giving a false complaint is also a ground considered as cruelty and you can go for divorce case on this ground also.
Biswanath Roy
(Expert) 03 March 2014
You can take up your grievance as alleged at the time of hearing in the case under sec.498A IPC and if the learned court orders against your wife that the case was falsely cooked up to put hedge upon the offense u/s.406 IPC then and then only you will get an opportunity for filing a case against your wife. Otherwise, two cases will run simultaneously and concurrently based upon altogether two different and distinct allegations.
Ajay Kumar Reddy
(Querist) 04 March 2014
Thank you expert for your advice. I am really sorry, i have not told that i have already got the judgement from F/c anad HC in favour of me of Divorce case. I got divorce on the crulty basis 2 year before from F/c and HC.
So i want to know weather she has misused the law? After getting of judgement in that judgement it is written that after getting the Jawmmanati warrant she had gone for 498, If it is misusing the law then what and which action i can take? Weather i will go and complaint to Police or i will go for complaint case against her. I want to know another thing if any one misusing the law then weather it is punishable or not. If it is punishable then in which section and how to proceed?
Ajay Reddy
Biswanath Roy
(Expert) 04 March 2014
You can file a case u/s.211 IPC. Hire a criminal law practitioner to file a case. Yes it is punishable and attracts 2 years jail custody.
Ajay Kumar Reddy
(Querist) 07 March 2014
Thank you very much Biswanath Sir. Sir, u know very wel now a days woman are misusing specially IPC 498. So i asked. Sir it will be helpful to me sir.
Biswanath Roy
(Expert) 07 March 2014
Misusing or abusing law is not uncommon now a days not only in our country but in all countries. That is why some other provisions of law have enacted to protect innocent.
Ajay Kumar Reddy
(Querist) 08 March 2014
Respected Experts,
By this lwayers club we get educate and similarly we get the path of action so we are asking for direction. Sometimes our lawyers can protect and defend from the charges, but attacking patteren and normally from IPC 180 to 211 action how to do? and this is unusual practice for them. so by help of lawyers club we get educate also. Biswanath Roy sir, can you say or guide us about some other provisions of law have enacted to protect innocent. Because if any one post one matter and so many member read of all the things and we get educate also by yor valuable suggestion.
Thank You,
Ajay Reddy
Biswanath Roy
(Expert) 08 March 2014
The innocent can be protected by following some other provision of the same law,or by following of a particular provision of some other law, or by application of a provision of Evidence Act, or by tactful examination of witness,or by application of wit in a particular manner to negate the claim of prosecution, or following deductive and inductive way of argument. or by application of judgement of a decided case same similar and identical in nature.
