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Subhalxmi (cxvcxbvcxbxc)     12 February 2010

Adverse effect of filing false 498a after getting bail

Hiii all, I am a new user for this website. I have a specific question: If wife has filed a false 498a case on her hubby, and after getting bail from the court How far husband can put her in trouble by applying the counter law of 498a?

Please explain the all adverse effect of false 498a on wife with its extreme limits..

Regards

Subhalxmi



 10 Replies


(Guest)

The ill-effect of S.498-A is that once it is filed, more particularly on false allegations, the re-union of the warring spouses is a distant dream.  The animosity between them grow further and there would be no possibility of reuion.

In addition to this, once S.498-A falls on its face, the husband and other accused have got a right to initiate a case against wife for malacious prosecution and compensation for the same.  (Generally, in India, people won't resort to such tactics knowing fully well the delays that cause in court).

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 February 2010

1) the husband will get divorce on the basis of false 498A.

2) no maintenance.

3) defamation case of criminal nature or a civil defamation may be lodged.

4) the sec of ipc - false report to higher police official, may be lodged.

5) ipc sec 505 or 506 will attract - please ck the number of the sec.

6) contempt of court also there.

S.B _Kolkata (Service)     14 February 2010

Thanks to every body who replied, but as I heard that there is no necessity to prove a that she is innocent before the court, so how the man has to be prove himself to be a innocent??

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     15 February 2010

"but as I heard that there is no necessity to prove a that she is innocent before the court, so how the man has to be prove himself to be a innocent" - this question is imaginary and baseless. when a person comes to court or police, it is general attitude that, he/she will come with clean hands, and telling true; if it is not he/she will suffer for his past wrong.

S.B _Kolkata (Service)     16 February 2010

In general, we observed that once husbend and family get bail, then the wife and her parents are trying to get the matter solve out of court by negotiating money or compensation. What is the reason? If husbend is denied to do so, then how will it affets the wife and her family?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     16 February 2010

mr rajkumar, you are true, several cases are there. the reason is, they (the wife and her party) think that they should teach the 'husband and her party'. they teach by using 498a/dv act.. But after arrest & released with bail they found that they must have to prove their false alligations at court, in a criminal case,- beyond reasonable doubt. here they face they are in trap.

if the case is genuine then no prblem to them.

Hardik Mehta (Family Counsellor)     17 February 2010

Rajkumar,

in 498a, it is the duty of the complainant to prove the allegations first, and then the accused will come up with the defence.

 

Subha,

The adverse effects can be many things, in terms of mental and emotional health, frequent visits to the tax mans doors about your IT statements, perjury for false case with the jail term of 3 years, malicious prosecution, compensation, criminal conspiricy etc. Moreover, your will spend lots of your golden years fighiting the case and also no man will remarry you again. You will be branded as 498a wife.

1 Like

S.B _Kolkata (Service)     18 February 2010

Mehta sir, thanks you a lot for your valued comment.

girishankar (manager)     18 February 2010

well said Gupta Ji and Mehta Sir.......

subir   26 February 2016

I was arrested on false 498a,307, 406 and 34 ipc by my wife and now bailed out can I file divorce petition before proving my innosence? Police did not file charge sheet even after three months. Without injury report can police arrest the accused without verifying its genuineness? What action can be taken against the involved police?


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