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Krishna   23 November 2017

498a case & maintenance

in Jan'2017 my wife filed 498A caseagainst me and my mother who is a heart and diabetic patient, we have heart surgery records etc. How to avoid that my mother coming to court regularly?, Is sureity is to be given to her like in bail?. My lawyer has taken money, says big things, till now he has not attended a single hearing. On that date either his mobile will be switched off or will not respond. How to change my lawyer?

My wife was arrested on IPC-420 case filed by me in Sept 2017, she is now charge sheeted. The case heaaring will start now. She married thrice and filed a s*xual harassment case against a person( I'm 3 rd victim, total 4 victims, she filed 498A against me and 2 nd husband, 1st husband gave money and settled by MCD). I filed a divorce case in April 2017 and she filed a divorce case and Rs. 25 lacs 1 time alimony for my  daughter, she did n't claim any alimony for her. Both the divorce cases are in different courts. How to club both the divorce cases and I'm doing a small business with 20,000 monthly income,having hardly any bank balance. I'm ready to give monthly maintainance to my daughter. 1. How to get rid of the 498A case, get divorce as early as possible.


 4 Replies

Siddharth Srivastava (Advocate)     23 November 2017

You seem to have good case. So far daughter is concerned you are liable to maintain her but the maintenance amount should be in accordance with your income, your liabilities like your mother and her illness etc. You can change your advocate at any time. Your wife seem to be a crook who using law as tool to extract money. Go strategically. Consult a good lawyer with all details.

1 Like

P. Venu (Advocate)     24 November 2017

The matter would reach the court only if a prima facie case is found under investigation. given the facts stated, you or your mother may not be required to attend court at all or to take out bail.

Krishna   24 November 2017

Even after producing the documentary evidence of my wife's previous 498A cases filed on ex husbands and her sister, the police didn't bother to take note. The IO does n't have time and did n't know english. Even after translating in local language , they did n't bothered to go thru the case.They said go and fight at court.I'm on bail and last time court asked us to take surity for my mother. Lawyer did n't turn up. Shall I have to take NOC from the present lawyer to appoint a new lawyer?


Nitish Banka (lawyer)     07 July 2018

Posted by: Nitish Banka  Categories: Uncategorized 


Why your wife has filed false 498a on your family?

False 498a cases are very common in the society and lot of steps has been taken by Hon’ble Apex court also to prevent its misuse. Quashing of false 498a is possible but first you need to know the reason for false 498a

These days false 498a cases gropes all the relatives father, mother sister who may be staying away from the matrimonial home still they become party to 498a.

Here are the reasons wife has filed false 498a cases on your family.

Image result for 498a


Your wife may be after your money wants to harass you and your family in false 498a cases. Because mental harassment can cause you settle at a very handsome amount.

2.You refused to give her divorce

If you have refused to give him/her divorce then you may definitely face proceedings under false 498a and 406 and now 377 IPC are common.

 3. Pressure from her relatives

Matrimonial discords are common in marriages sometimes relatives make it a bigger issue. Negative relatives can lead to false 498a cases.

4. She has an affair

if wife having an affair somewhere else and you got to know then also wife can put these  false cases for only reason called harassment so that you may not be able prosecute her for adultery.

What happens in false 498a cases

Police calls in false 498a cases

You receive a call from the police station and on the other line there is an Investigating officer is on the  other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.

The Io asks you to visit police station so called CAW cell.

When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.

Then again you receive the call from the CAW cell to come and join then again then again….

Image result for 498a

Reasons for harrasment

These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation  process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…

The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.

How to deal with police harassment.

As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.

Anticipatory bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Judgement on 41A by Delhi High Court

(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…


Dismissal of false 498a cases(Quashing)


Quash false 498a -Vague allegations in Fir The case of 498a can be quashed when there are vague the allegations in the FIR. A FIR is a first document on which whole investigation and chargesheet is based.





Image result for 498a quash

A FIR is bible for getting evidence and eventually to secure conviction of an accused based on the evidence, therefore a FIR must contain all the material facts related to an offence. It also must contain all the specific ingredient needed for satisfying an offence and material through which investigation may proceed. if a FIR misses material facts then it is a vague FIR which can be quashed by invoking the jurisdiction of 482 CrPC. Image result for 498a quash Some believe that if a FIR satisfies the ingredients of an offence it is not the case for being fit for quashing but this preposition is untrue under the light of the judgement In R.P. Kapur v. State of Punjab (AIR 1960 SC 866) the apex Court summarized some categories of cases where inherent power can, and should be exercised to quash the proceedings. (i) where it manifestly appears that there is a legal bar against the institution or continuance e.g. want of sanction; ii) where the allegations in the first information report or complaint taken at its face value and accepted in their entirety do not constitute the offence alleged; (iii) where the allegations constitute an offence, but there is no legal evidence adduced or the evidence adduced clearly or manifestly fails to prove the charge. so lack of evidence is another ground for quashing proceedings. A FIR containing quite vague, general and sweeping, specifying no instances of criminal conduct can be quashed even if the FIR constitutes and satisfy the ingredients of an offence. It is held in Vishalbhai Niranjanbhai Adatiya … vs State Of Gujarat & on 9 December 2015 It is a matter of common experience that most of these complaints under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern.


Advocate Nitish Banka

(Practicing in Supreme Court of India)


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