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rdburmanmusic (health)     14 March 2022

Estranged doctor wife sitting idle to claim maintenance

My estranged dentist wife who studied in government dental college and also left the contract basis government job in same dental college and now after me filing divorce in court , she was sitting idle for 3 years without practicing dentistry either in private or in institution and now joined law college to study law. Now she claiming huge maintenance in court by showing her self as law student. As usual she filed false 498 A on me and even I have filed criminal case on her and her family.  She filed RTI TO know my income in private practice and government institution also.  I am doctor by profession. For mutual settlement her parents and herself demanding huge money in crores as if o am businesses man or celebrity . They even filed false 498 A on my mother , sister and brother in law but it got quashed in highcourt as they were not staying with me . She even wrote a letter to my higher authority to stop my promotion. My father passed away in depression for this happenings.  Kindly guide me to curtail the such criminal activity by her parents and herself for giving me torture to the core and to come out of this hell . Regards.  



 4 Replies

Palak batra   16 March 2022

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.




1 Like

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984)     16 March 2022

Dear member,


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.


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


1 Like

rdburmanmusic (health)     16 March 2022

Thank you very much for your advise sir . 

Rajhene   16 March 2022

Dear sir,

It always saddens me when the law is used to do harm to the righteous.

Do not loose courage, I wish that the courts prove you right.


Best regards


My Profile

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