Estranged doctor wife sitting idle to claim maintenance

Dear Querist,

A list of legal remedies that one can use for protection against section 498a IPC if a woman decides to misuse the law and threatens to register a false case against you for personal gains.

Collect all Evidence & Documents: The first step in proving a false accusation would be to gather all substantial material elaborating well on the 498a case details.

Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defense lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police move ahead to arrest you or your family members. You can file for anticipatory bail for protection against section 498a IPC case under Section 438 of CrPC[1].

Get the 498a FIR Quashed: You can also get the false 498A FIR quashed by High Court under Section 482 of CrPC. Courts are generally reluctant to quash an FIR or interfere in the law and order process, but if you have sufficient proof, the court has the power to quash the false 498A FIR filed by your wife.

File an FIR against your wife for false 498A complaint: You can also file an FIR against your wife for blackmailing or filing a false 498A case against you. Police in India usually do not favor such FIR, but if you make your case foolproof, the police cannot deny you to file an FIR against your wife. Get your complaint drafted by a good criminal lawyer so that the police cannot reject it on any grounds. If the police refuse to register your FIR, you can file a written complaint against the police officer, with the Superintendent of that police station.

File a case for Restitution of Conjugal Rights: If your wife has left her matrimonial home and went back to live with her family, you can file a case for RCR i.e. restitution of conjugal rights against your wife under Section 9 of Hindu Marriage Act(2). You can mention all the terms and conditions that she’ll have to follow to start living with you once again.

File a defamation case against false 498A case: You can also file a defamation case against your wife for maligning your image by filing a false 498A case against you. 

While fighting the 498a case, the duration of the case will depend largely on the evidence produced before the court and how efficiently your lawyer fights in the court representing your case.

Regards,

Palak

Dear member,

IF THE CHARGESHEET IS ALREADY FILED :

There are two ways which I would suggest for quicker disposal of your 498A case:

1. File an application u/s 173(8) CrPC before the Concerned SHO where FIR was
registered and produce your side evidence proving your inncoence. Dont wait for them
to be produced in court.173(8) Can be filed from accused side also. DOnt get
confused with advices that 173(8) can be excercised by complaiant side only.

2. File a 482 CrPC application before concerned HC snd seek direction for time bound
speedy disposal of trial court case.

IF THE CHARGESHEET IS NOT FILED :

1 Approach the HC for quashing of FIR against you.And if you dont get success in it.

2 Apprach the IO and produce the evidences proving your innocence and try to get the closure report filed.

Also in my opinion dont file for the Section 9 RCR case as this will turn a futile exercise for you at this stage because 498a is alrready filed now.

For more detailed discussion contact at 9717985984 , ADVOCATEVG20@GMAIL.COM- Adv
Vishal Garg

Thank you very much for your advise sir .