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Rohit Verma (Engineer)     21 April 2021

False 498 a case

My wife has filed a false 498 A case on me and my family. In her chief in 498 A case “she is saying about I threatened her to do suicide and I (husband) will make such circumstances that she will do suicide on her own”. All these are false accuses made by the family and their relatives because verbal allegation does require proofs

My father-in-law and mother in law they are repeating the same thing in their chiefs. As they all know that these verbal allegation on us does not require any proofs.

My advocate is saying that the allegation of suicide is a serious allegation.

Kindly advise me that what should I do now and how should I proceed in this case in further



 5 Replies

Sankaranarayanan (Advocate)     21 April 2021

You have to contest your case and fight and prove your innocence

Advocate Bhartesh goyal (advocate)     21 April 2021

You have no option but to contest the case on merits.Engage a lawyer who is expert to deal such cases.

Rohit Verma (Engineer)     21 April 2021

Sir,

I need your advise that whether court just accept/admit the verbal allegation of Wife and her parents in 498A  Case .As I confused that how can court accept such verbal allegations of few persons with out any proof.

If Court accept that  How can I prove my innocence in court.  

lawyer_rajiv (9811284735) (lawyer)     15 May 2021

Sec 498A says that the cruelty should be of such an intensity that could drive a woman to suicide. May be this is the reason that such serious allegations are there in her complaint.  But imputing allegations is different and proving the same in court of law is a different aspect altogether.  Instead of worrying about gravity of allegations, your focus should be on demolishing the falsity in prosecution theory.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 December 2021

Such cases are great money making traps of lawyers.
Please check Section 101 of Indian evidence act. Burden of proof lies on the complainant (your wife). Judicial preamble is - presumption of innocence unless found guilty. Hence no worries. Good to high court and file speedy trial to dispose of the matter within 6 months. Please check links below for details -  

https://www.facebook.com/permalink.php?story_fbid=1891510207845069&id=100009583254195


https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg
 


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