IBC Code: Complete Overview and Drafting Workshop. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

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

Page no : 2

Rajesh Kumar (Advocate)     30 August 2008

Way to fight Section 498A:

Men things that when they level allegations against women, court will not believe them. They are right often, but that should not deter them from filing cases.

-whenever she testifies falsely in the court of law, file an application before the court under Section 340 of the Cr.P.C. requesting the court to prosecute the witnesses.

-Dont be detered by people saying that filing cases will long time etc. When a case has been filed against you under Section 498A, you are condemned to waste your time in Courts to defend yourself. Make the other people aslo defend herself.

-File cases also against the family members of the women, for giving false evidence, abatement.

-if the woen tries to extort money, file a case for extortion, or attempt.

-if the women has taken any of your property from household, file a crimnal compalint for theft, or criminalbreach of trust.

Shun the fear and you will defend yourself. You have nothing to loose except your humiliation and defamation, if you fight.

Rise men, it is your sweat n blood, which runs this world.


Rajan Salvi (Lawyer)     30 August 2008

My personal experience is that when I brought it to the notice of the Ld. Judge that the respondent wife had made a false statement that she is not employed, Judge did not take seriously. Unfortunately when 340 powers are to be exercised u/s 195 etc . it is upto the judge to take cognizance . Looking at the bigger picture we dare not antagonise the Judge also.

Guest (n/a)     04 September 2008

this is my question with regard to your statment "if the wife tries to extort money, file a case for extortion, or attempt."

in my case my wife had threaten me to handover rs 50 lac & divorce paper. this threate was from her mobile to my company landline. ours is companies postpaid relinace line,i had collected the telephone bill where in her call details are there like time & mobile no. i had requested in writing to DCP to get the transcript of the same so as i can file criminal case against her & defend myself against the false 498a charchsheet based on her complaint  filed . but there is no reply from police. on following it up with them police officer verbally informed to me that it is difficult to get the trascript from serviceprovider. but whatever proof i have with me ( bill stating the call detail) are sufficiant to prove that she has asked the sum from me.



shall i go for criminal case against her based on this details only to counterattack false 498a.

she has also gave inwriting to police some of her demands e.g contions for compromise when called for settelement. before filing fir.

the condition are as

1. i shuold hadover my salary along with salaryslip to her every month.

2.i must clear my stand about my parents (as her complain that i visit my parents very frequent)

3.i shuold not help my parent fianancialy as they are self dependent. etc.

this paper is in her hadwriting &duly signed by her. i have collected from police through RTI.

pls suggest me in best possible ways so i can safeguard  myself & counterattack her  legaly for her false complaints.


Rajesh Kumar (Advocate)     13 September 2008

Your statement is a very strong basis for any complaint filed by you.

You file a complaint and insist the court to decide the complaint, one way or the other. Statement is enough to build a prima facie case.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Post a Suggestion for LCI Team
Post a Legal Query