pls help soon (asst manager) 13 August 2012

False 498 a

1) My wife and in-laws have made a false complain case of 498 A against me, my mother and my brother at lower court. The court had issued summons to all of us 1 month back to make ourself present before the court. My lawyer told us not to present before the court as the court will order for the arrest of us. now the Anticipatory bail of all of us got rejected at the lower court, and we moved to the high court for the ABA. My brother got the Anticipatory bail but it is pending for me and my mother for quiet sometime now. Now we came to know that the warrants has been issued against me and my mother, so we are at a run. when I am talking to my lawyer he is saying that it is not a big deal in getting warrants in 498 A case but I don't understand what to do now, whether I go and get myself arrested or stay on a run till the hearing of anticipatory bail in the high court.

2)As I was staying with my wife at Lucknow and my wife has filed the case at Jharkhand, so can I go for quashing the case at Lucknow highcourt, or I have to file the quashing application at Jharkhand only?

3) since currently I am working at Delhi so can I file the quashing at delhi high court?

Pls guide me what to do now, need ur help desperately.

Reply Follow

5 Replies

RAHUL KANSAL 9041629676 (ADVOCATE) 13 August 2012

helloo ,

first of all as your lawyer told you it is normal in getting warrants in 498 A and secondly i woulld suggest you to satay away till you got anticipatory bail. from high court .

Hemang (Advocate) 13 August 2012

Let the High Court pass the order in bail application. I do not think, the High Court will quash the criminal complaint at the thresold. It may be a question of minute evidence, where High Court normally does not interfere. So do not think that High Court will quash the criminal prosecution as a matter of course.

RAHUL KANSAL 9041629676 (ADVOCATE) 13 August 2012

helloo Mr Hemang ,

dont you think the HCwill accept the bail in this matter.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 August 2012

In a significant order, the Bombay High Court has held that a false criminal case filed by an estranged wife for harassment against her husband and in-laws amounted to cruelty and was sufficient ground to seek divorce.

"In our view, embarrassment, humiliation and suffering that is caused on account of arrest of a husband and his family members in a false case constitutes mental cruelty to enable the husband to seek divorce on this sole ground", a Bench observed recently while granting divorce to a couple.

Justices A P Deshpande and R P Sondurbaldota disagreed with a family court's order that a single complaint filed by a wife against her husband and in-laws does not indicate tendency of the wife to make false allegations.

"We fail to understand the logic behind the reasoning adopted by the family court to hold that a singular complaint of this nature under section 498A IPC resulting in arrest and detention of family members and relatives thereby causing embarrassment, humiliation and suffering does not constitute mental cruelty. It is illogical that more than one complaint is necessary to constitute mental cruelty", the bench noted.

"In our opinion, the approach of the family court is wholly perverse and its reasoning cannot be sustained in law. We are of the view that cumulative effect of the behaviour and conduct of the wife is good enough to draw an inference that she has caused utmost mental pain and suffering which amounts to mental cruelty to the husband and, hence, he is entitled for divorce on the ground of cruelty," it said.