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Balamurugan GP (Engineer)     11 June 2008

Misuse of IPC Section 498A to harass the husband & his family.

I have been falsely accused with FIR 498A in Fraser town police station Bangalore dated 8th of February 2007. And was arrested on 16th February 2007 without any investigations, and kept in central jail for three days along with my brothers & sister in laws.


Following illegal activities were carried out by my wife on their parent’s interference & misguidance in the span of 10years of marital life, Cheque forgery, theft of money, Telephone misuse, and duplication of my locker key and theft of my mother’s Gold Bangle.


My wife’s parents were using her to solve their financial problems without my knowledge. My wife’s parents were repeatedly misguiding her to tell lies & to commit illegal activities, which often led to frequent petty quarrels. In spite of positive guidance and healthy advice to my wife on my behalf, she refused to mend her ways due to frequent interference and continuous brainwashing by her parents.


Thereafter, my wife’s elder brother her parents, With the help of evil advice of her (uncle) Police relative filed false case 498A on questioning her towards the immoral acts, and to mend her ways. Against me, my brothers and sisters in law, for no fault of theirs, claiming that we were harassing her physically and mentally.


I have two children’s male child aged 9 years & female child aged 5 years and they are not allowing me to talk and meet them from past 12 months.

I have filed restoration of conjugal rights & custody of children’s in family court Bangalore. My personal feeling is that my children will not have proper guidance and a suitable environment for a decent future and upbringing.


What are the changes of getting my both children’s in my custody?

Can I file criminal case against my wife for fraud & criminal conspiracy to extract monetary benefit?


Please advice me.



 18 Replies

Rajesh Kumar (Advocate)     11 June 2008

Yes, you can file criminal cases for such illegal acts. You can also file a defamation case against her. Other accused person can also file a criminal defamation case.

If the police refuse to register the case, take help of men help centre, otherwise also you can file private complaint.


Srinivas.B.S.S.T ( Advocate)     12 June 2008

You can file a defamation suit against
them only after you and other accused have been acuitted in the 498A
case until unless you cannot file a defamation or malicious prosecution
case againt them. Now coming to the point of filing criminal cases
against them. Can you prove your allegations or do you have material
evidence to prove your allegations because if you dont have them, the
police or the court will simply treat them as cases filed to harass
them  because already a 498A case is pending against you. With
regard to the children as the children as minors the court will alway
favour a mother unless until  it is proved that the mother is
not willing or incompetent to look after the children. if you have
futher enquiries feel free to mail me.

Kanhaiya Singh (Advocate)     12 June 2008

It appears that illegal activites like theft of money etc by ur wife were commited prior to filing of of the case u/s 498-A IPC,so it would not be advisible to lodge a criminal complaint against ur wife at the present stage.On the other hand,u should proceed with the cases u have lodged.

Rajesh Kumar (Advocate)     12 June 2008

Dear Srinivas,

Criminal defamtion case, against the accuser can be filed any time after the accusation was made. When we read Section 499, defining criminal defamation, the alleged act of defamtion is made out. there are some exception- like truth, or complaint to authority in good faith. When you will read these exception with Section 104 of the Indian Evidence Act, you will find that the courts are bound to presume absence of any such exception. Further, good faith as defined in Indian Penal Code is required to be proved by the accused in defamation case. Thus a criminal complaint for defamation can be filed right now.

Regarding other allegation, the first question srinivas is asking can you prove the allegations? Are wives able to prove their allegations? They dont think before making allegations- men should also not think. In india, any body an make an allegation- it is immaterial whether he is able to prove or not. Here, allegation are made to harass, rather than for justice.

The stronger will make allegation, the weaker will defend in the court of law till eternity. That is the present position of law. 

Srinivas.B.S.S.T ( Advocate)     12 June 2008

Sri. Rajesh Kumat Ji,


think  Balamurugan is talking about the 161 Cr.P.C statements
or the complaint made by her wife. Even if they made defamatory
comments on him in those statements. I do think that he cannot file a
defamation case as the allegations purported to have been made against
him are under legal scrutiny. Yes I do agree with you with regard to
Section 499. But here in this present case as the trial is yet to
commence and the matter is pending. Now with respect to other cases he
mentioned, I think that before registering a case the police will
definetly see that whether there is a primafacie case or not. Even if
he make a private complaint with the magistrate u/s 190 (1)(a) to refer
the same to the concerned police u/s 156(3), the police will simply
file a refer report and after that though he have a chance to contest
the same, the rate of sucess is not much. Dont you think  this
will advesly effect him. Please correct me if  i have given a
wrong suggestion. Thank you for your comments.

Rajesh Kumar (Advocate)     12 June 2008

Let us not confuse the issue.

As far as his complaint is concerned for criminal defamation, he can make as cause of action has arisen. Complaint by wife and this complaint will be different from each other and can be tried independently of each other.

Let us take another example. say a husband harassed his wife for dowry- the wife threatened that if he does not give her money, she will file a criminal case. In this case If the wife has asked for some money, and threatened criminal action, he can file extortion case, even when the criminal action is true. If he has given money, it is extortion; if not it is attempt for extortion.

Normally in criminal trial such things should not be adviced, as it may prejudice the court. But in this case, the law is already prejudiced- he has nothing to loose.

I feel, in India, at is always the accuser wins- whatever be the result of accusation.

So...... ACCUSE.


Dr Kiran Patil (Service)     15 June 2008

Most perfectly said.

I really admire you.

Guest (n/a)     28 August 2008

Sir,  Can a defamation case filed on wife after 498a acquital need to be proved by husband or... the acquital of the husband in court itself is enough?? And if defamation case is filed, how long will the case go to finish? Finally wat sections and grounds need to be mentioned in defamation case on wife and in-laws? Pls reply. Thanks

Rajan Salvi (Lawyer)     29 August 2008

If it can be of any help , please visit site " savefamily.org" where u will find number of full text judgments of the High Court and Supreme Court on 498A misuse.I sympathise with you more for your children who as you say will not grow up in a good atmosphere.

sanjay kumar patibandla (advocate)     29 August 2008

hellow sir,

I gon through your question. So many women are using 498-A as their weapon to haras their hubands and his family members. But section 498-A CrPC must be used as safeguard.

You are at leberty to file criminal case against your wife and her parents and her brothers too for cmiitting offence of cheating, forjery , theft etc... But you better to file defamation aftr compleation of trail in 498-A case.

     I too agree that your children won't grow with ethics and morals. Allready you filed a petition for coustudy of children. Court may grant custody.




Guest (n/a)     29 August 2008

Ok Sir i will file defamation after winning 498a case but, defamation case filed on wife after 498a acquital need to be proved by husband or... the acquital in 498a of the husband in court itself is enough? pls answer this..

Rajesh Kumar (Advocate)     29 August 2008

There is a limitation of 3 yrs in filing defamation case. Thus if trial takes more than three years, you will not be able to file defamation.


Rajan Salvi (Lawyer)     29 August 2008

Mr Kumar is right. Pl see the period of limitation. Date of cause of action arises from date of publication.

Guest (n/a)     30 August 2008

Ok sir i understand... the time limit for defamation. Well, my 498a started in nov 2006 where she has falsely given complaint so also in the cheif & cross examintion presently going on. Although giving false complaint under 498a She has testified falsely under oath during the period Jan 2008, March 2008,&  July 2008 and also claimed under oath she is not working and has now resigned from her job,etc,etc. And recently April2008 she has accused and sworn in her affidavit that i along with my collegues & parents have tried to put acid on her & her father in a busy street. Even now (Aug 2008) she has sworn in her affidavit she is not working any more,infact she is. GOD KNOWS WHEN WILL THIS MY 498a CASE FINISHES. maybe another 1 year or so. IN THAT CASE 3 YEARS BEING THE LIMITATION, CAN THE LAST SWORN AFFIDAVIT DATE CAN BE TAKEN FOR 3 YEARS LIMITATION???

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