rajesh 02 July 2015

498a

Dear Sirs,

My wife filed a false 498a (verbal harassment) against me and my mother & sister. My sister got married before my marriage and she is staying in her husband's house. At present my wife is trying to destroy my sister's life too by saying false things to my brother in law and his parents and relatives etc.

In this complicated situation is it possible to file a complaint/case agaist my wife? Who can file the complaint? Me or my sister? Under which way and procedures?

Please help me and sorry for my bad english.

Thanks & Regards,

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4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 03 July 2015

She must have filed a complaint u/s 504 ipc and depending upon the situation and evidence the police consider either cognizable or non cognizable case.

It shall not be beneficial for you to file immediately any police case against your wife or her relatives. However, your mother may file a counter complaint against her daughter in law for mental torture.. Your wife have just filed complaint yet, so after investigation the police shall send the report in the court and the court would decide whether the complaint is false. Only acquittal of the accused does not prove any complaint false. So it is not easy task to prove that the complaint filed by wife u/s 498 was false.

rajesh 03 July 2015

Thank you Sir,

Thank you very much for your advice. It's very nice of you to take the time to answer my question so fully.

Regards,

T. Kalaiselvan, Advocate (Advocate) 05 July 2015

If your wife's action caused problems to your sister, she is the one aggrieved, she can very well go ahead with a legal action against your wife for bringing disrepute to her name and fame, she can even lodge a police complaint against your wife for creating problems by giving false complaints and inciting hatredness within the family members and torturing by giving threats etc.