Section 498A

Sanjeev Ranjan (Querist) 15 September 2016 This query is : Resolved
Sir I am suffering from false case filed by my younger brother's wife under sec 498a, where the name of husband is not included in the case only I, my wife, mother and my father is charged in this case. She filed f.i.r and case in the civil court because she wants to acquire my property. Please suggest what can I do...

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Ms.Usha Kapoor (Expert) 15 September 2016
Is it dowry related case or cruelty case? If it's cruelty the police may call upon all the parties to the 498 A complaint and conduct preliminary inquiry or interrogation nd if the police prima facie feels that you must have committed cruelty such as physical, Psychological,Mental and emotional torture of your wife induing your wife and your father and mother would be sent to jail.Meanwhile she may launch domestic violence case and divorce case against you and may File interim maintenance against you u/s 125 Cr.P.C. Meanwhile for divorce she may move to Family court where all the criminal and cvil proceedings would be clubbed and heard together and Judgment given and orders paused.

Devajyoti Barman (Expert) 15 September 2016
Well when case is registered then facing the trial remains remains only option.
So first get bail and then face it.
If there is major discrepancy or improbability then go for quashing of charge sheet.

Raj Kumar Makkad (Expert) 15 September 2016
The criminal case under section 498A can also be filed against the members of inlaws family except husband so there is no illegality so far as lodging of case is concerned and rest depends upon the further trial.

Sanjeev Ranjan (Querist) 16 September 2016
The property is self acquired by me then, can my younger brother's wife acquire the property by false case charged on me under sec 498a and d.v. If i told her to vacate the property.