Sam Pat (Law) 05 August 2012

Accepting false 498a

Hi all,

divorce case filed by me is going on for 2 years (contested divorce). wife responded with false 498a and then RCR.

Now she has realised her mistake and wants to take back her 498a. I have asked them to take it back by 'accepting' the fact that it was a false case. since wife is in Germany and arrest warent is issued against her parents now; her parents will accept the false case.

1. what court might do with her parents?

2. what can be done to not jail them yer they accept the facts. I was arrested for just 15 mins and police knew it was a false case. but I want to ensure they don't do this in future so have told them to accept the facts and they are ready.

thanks,

Sampat

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 05 August 2012

Go to the High Court of your state alongwith an affidavit of your wife/her parents - stating that they want to take the case back, they are unlikely to state categorically that it was a false case because that would directly incriminate them and expose them to prosecution, however they can say that it was filed without deliberation and in a fit of anger, on small marital issues and request FIR to be quashed.