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Sonu (Software Engineer)     11 October 2013

How long it takes to hear final verdict on false 498a

My wife filed false 498A. I have all the proofs to prove that she filed false 498A case.

If I file counter case against false 498A, How long it takes to hear the final verdict from court.

And how much money (approximately) I need to spend for lawyers and for any other things?


Thanks in advance for your responses.


 17 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     11 October 2013


You don't have to file a counter case, better contest the present case properly and once it will be proved that its a falls case, then you can do a lot many things against her i.e. Defamation, False Allegations case and  even you can seek divorce on the ground of cruelty against her.

Advocate Kapil Chandna


Sonu (Software Engineer)     11 October 2013

Hi Sir,


My wife has given a written statement saying that I have given wrong info in FIR because I was angry at that time. Based on that written statement court has dismissed the case.

I got her written statement xerox copy from police station and also I got the copy of case dismissal from court.

By using these proofs if I file a counter case against false 498a case how long it take?

HariOm HariOm (Technical Head)     11 October 2013

I would advise you to not seek vengeance from your wife anymore. She may have done something rashly but she repented and gave her final statement discharging you and your family members from 498a! You don't know how much of a big headache's been saved of you!


Just let it go.


Speak with her politely, agree on an alimony and take divorce through Mutual Consent. Best way to move forward.


Sonu (Software Engineer)     11 October 2013

Hi HariOm,

I understand what you are saying. But do you know how much damage she has done for me and for my family.

She put my sister and brother in laws names in FIR even though they never involved in these matters. If I leave her without giving punishment through court some other girl will do the same thing.

I wanted to file counter case against her and I wanted to publish this in all the news papers and TV channels. By looking at this news at least false complaints my reduce in future.

So please let me know how long it takes to hear final verdict if I file counter case against false 498A with all the proofs? Thanks in advance for your answers.

HariOm HariOm (Technical Head)     11 October 2013

It's a hard case to punish her when she hasn't lied under oath in the court!


Not that I am an advocate for 498a women, but you also need to appreciate that she has let you and your family off the hook! An FIR can't be her sole decision and naming everyone in the FIR is a standard practice advised by the lawyers only! They even draft the whole FIR so it attracts maximum possible sections.


Anyway, you are playing with fire! She's still your legally wedded wife and you are still not divorced. If she finds you vengeful, she may file MORE 498a against you! Yes you read it right, it's possible! And don't forget the DV and Maintenance cases.


Think about saving your house first rather than trying to find ways to burn her house down! Also, forgiveness is one of the best traits!

Sonu (Software Engineer)     11 October 2013

Hi HariOm Sir,


She hasn't lied under oath in the court but she lied to the police (she has given false information to them which made them to arrest me and put in jail for 3 days). Giving false info to police officer comes under offense right? Why can't I file case based on this?

Thanks in advance for your answers.

HariOm HariOm (Technical Head)     11 October 2013

What all she has said in her revised statement?


Who asked her to give a revised statement? Why she gave it? Usually, 498a never go to police station or courts once FIR is filed!

Sonu (Software Engineer)     12 October 2013

Hi HariOm Sir,

Here is brief info of my case:

My wife filed false FIR in May 2013 saying that my husband is asking me to bring more money even though we had given 90 lacs as dowry during the marriage time (the truth is that I or my parents didn't take even a single rupee from them)

Police came to my house and took me to the station on Friday evening (on next Friday I suppose to fly to US) and they took my passport too.

I was in jail for until Monday afternoon. During these 3 days my relatives went to my wife's home and had discussions.

My parents agreed for their demands (one of her demand was to transfer our house on our son's name). They agreed upon all her demands.

On Monday afternoon before taking me to court my wife and her parents came to station and said that we want to withdraw case.

Police asked her to give her written statement. My wife has given a written statement saying that the info which I mentioned in FIR is false. I was in angry when I had given this statement.

Police release me from jail and gave my passport back and told me that since you have to go to US in next couple of day you may not be able to attend court. We will take care of that and complete the formalities.

Police asked one of my family members to come and collect the case closing documents and my family member collected it. Now we have case closing document, FIR and her written statement.

Please please advice me. Thank you Sir in advance.

HariOm HariOm (Technical Head)     12 October 2013

OK. The agreement between your parents and her parents, was it a written one or just oral?

T. Kalaiselvan, Advocate (Advocate)     12 October 2013

Mr. Sonu,

A good piece of advice to you is to leave the matter here itself as it is i.e., drop all your ideas of taking revenge on her.  I understand your feelings and frustrations but that it is not a solution, in fact she has guided you with a better solution to part ways from her amicably and permanently, so utilizing the situation ask her to sign the papers for divorce on mutual consent, negotiate the terms for one time settlement, if any, dissolve your marriage and start a fresh life.  But, please see whether you still have a chance to save your present marriage, if so reconcile and do it because who knows what is in store for your with the new arrival.  Further, if your counter case gets back fired what will you do? I mean, if she comes out with a statement that she was made to withdraw her previous case under duress and coercion, but the demand for dowry and other cruelties were facts and that she was threatened with dire consequences hence out of fear she withdrew the previous case, but now taking advantage over it they are upto more and more acts of cruelties and violence against her,  you will be into unnecessary fixed into troubles once again, hence be cautious over this issue.

Sonu (Software Engineer)     13 October 2013

The agreement is not between anybody. She has given a written statement to police saying that the info mentioned in FIR is false. So she wants to with draw the case and police released me.

D Seikhar G (self)     13 October 2013

@kalaiselvan,Now iam cent percent sure that you are crooked lawyer who protects false 498a women ,who harasses her husband and family for sake of money. Hey crooked man can't you see here that this guy had suffered alot,he had sent to jail for false allegations.she had alleged the false 90 lacs.You are a cheap lawyer who advises poor husbands to rejoin his cruel 498a wife and forget everything. Man you will get from me now where ever you will post your greediness and crookness on this public forum advising all b*tches here how to file 498a,dv and other cases.

@Sonu,man you can file defamation cases on her as she had filed false FIR which is public document and she had given false statement under public authority.I have read on this forum only.you can read it down from searching defamation and perjury cases here.you are right brother these b*tches need to be punished so don't afraid teach them a lesson and avoid these type of crooked lawyers on this forum.

Sonu (Software Engineer)     13 October 2013

Hi Seikhar Sir, thanks for your support.

Hi Kalaiselvan Sir, you must heard about "Arrest guidelines in case of 498a(cognisable crimes)- Judgement -Joginder Kumar Vs State Of UP".

If every body thinks in the way what you said then the above judgement from Joginder Kumar wouldn't takes place right?

If I don't act upon false 498A then it will be my mistake of allowing her to give more false info to government officials.



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