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Syed Adbul Khader Jeelani (Advocate 9642388507)     20 January 2010

Can I prosecute for filing false 498A case against myself an

Please suggests me what are the remedies available against a wife who has filed false 498A case against myself and my family member who has left within 15 days of marriage without consumation of marriage and filed divorce case and false498A case alleging curelty and demand of dowry with defematory allegations. The family court judge has dismissed her divorce petition holding that she could'nt able to prove any amount of cruelty. The 498A is pending the version in divorce case and 498A are quite different. What are the remedies available for me to prosecute her for false case please specify under which sec of law i can prosecute her.  


 24 Replies

Anil Agrawal (Retired)     20 January 2010

 False? Law says go and prove that it is false. The onus is on you.

In other cases, complainant has to prove the allegation. 

Start the rounds of HC.

Anil Agrawal (Retired)     20 January 2010

 Is consummation of marriage an essential ingredient in law for a woman to be called lawfully wedded wife?

P.K.Kapoora (XYZ)     20 January 2010

you can prosecute her u/s 211 ipc,big if, criminal court give judgement of your acquittal with observation that case was totally a false case.

Anil Agrawal (Retired)     20 January 2010

 That is after your acquittal.

Syed Adbul Khader Jeelani (Advocate 9642388507)     21 January 2010

The case proved to be false and was acquited beyond reasonable doubt. I am afraid if law recognises and bestows right for a married women though the marriage is not consumated is it for the male to suffer all the harrasment though the deserted wife is enjoying with other. This is happening every where. Cant there be change in law by ameding the Sec 498A as bailable as it is becoming a bearer to reconcil and to rejoin the family with unnecessary egoism and family perstige etc.

navdeep singh (lawyer)     21 January 2010

 if u found to be innocent by court .then u can prosecute ur wife

Anil Agrawal (Retired)     22 January 2010

 What is the problem in the husband and in-laws remaining in prison without bail? It is the will of the majority in a democracy that prevails and the majority in Parliament has passed such a law.

Pakistan has created the tiger of ISI. Now it is unable to dismount or spur it. 498A is a tiger which would not be allowed to be amended by the "so called" women's NGOs, liberation movement, organisations. It knows only one way - the way to prison.

Jatin Duggal (Advocate-Uttranchal)     08 February 2010

go for prejury if the case is false and you have substantial evidence

1 Like

Rohtash Babu Patel (Lawyer)     08 February 2010

IF the person has made false statement before the Court then you may file an application under Section 340 of the Code of Criminal Procedure to taking action against the person who had made a false statement., and you can file a suit for damages and prosecute criminally for malicious prosecution, once you are acquited


Anil Agrawal (Retired)     08 February 2010

 Yes, the catch is "once you are acquitted:. Till then suffer.

Shambhu (Advocate)     25 February 2010

498A is a dragon.  There is nothing that you or your wife can do unless proved innocent.  Till then suffer.  But, if you are proved remedy prosecute her & her parents under 211 which allows an imprisonment upto two years and/or fine.  However, unless there is substantial interest shown by the legislation to either make it a paralled justice system or a new act such as 498-B for men, men will have to suffer the dadagiri.

Rafi Ahmed (driver)     08 January 2012

Dear experts, 

I am working in gulf. me, my wife n my 2 kids living separeted from my parents from last 6 years. Now i diviorced my wife by writing while m here in Dubai. As soon as i divorced, she filed false sec. 498a not only against me, but my innocent parents, 2 uncles and 3 younger brothers which she never lived with them even a single day together after we married. Now, all got bail after spending lot of money and time.  And my uncles and brothers want to sue my wife by giving a defamation case against her and claim compensation. Hence, pls let me know which section should they apply in such situation, so they can get compensation accordingly?

thanks n awaiting for your valuable reply.

insaniyat (Engineer)     08 January 2012

Face the trial and deny all the charges on you. She has to prove it. You don't have to.

Till then enjoy the life. Don't worry. Search for another girl, and get marry. Four is allowed. So why to worry??? Life will never stop my dear... one has flow with it.... it is she who is suffering every day and night........ and will suffer always..... not the husband.


Read the forums as much as you can and collect lot of evidences for each allegations.


Hosh se kaam lo...........na ke Josh se!



Never Give Up

1 Like

insaniyat (Engineer)     08 January 2012

@Rafi Ahmed,

defamation case can file only after your acquittal. Do not rush, its her time....... so be relax......




Never Give Up

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