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manish chaturvedi   17 October 2021

MY WIFE FILE FALSE COMPLAINT IN COURT.

my wife files false case against me and my family. i am a soldier. staying away from my family. I filed a divorce case in may 2021.after that my wife and her parents complain in court with all false allegations like 498A 313 406 34 and 3/4
. what i have to do know.


 15 Replies

jana narayana vighneshwaran (Senior Legal Consultant)     17 October 2021

Where are you from?

manish chaturvedi   17 October 2021

Faridabad haryana

Pradipta Nath (Advocate)     17 October 2021

Whatever you do but at first you need to ibtain bail. Aside please contest your case.

manish chaturvedi   18 October 2021

ok thank u for ur advice

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 October 2021

498A is non-bailable. Non-bailable offenses are serious offenses where bail is a privilege and only the courts can grant it. The cases under 498A are non-bailable and bail can be granted under the discretion of the magistrate.

1 Like

P. Venu (Advocate)     18 October 2021

Is the complaint filed with the Court or the Police? Why they have approached the Court and not the Police?

1 Like

manish chaturvedi   18 October 2021

they approach police first but police direct them to court.

P. Venu (Advocate)     18 October 2021

Your information is incorrect. it could be that the Police would have refused to register FIR, may be, because the complaint is false on the face of the facts. As such, the Court can, at the most, refer the complaint to Police to investigate. 

If there is no wrongdoing on your part, there is no need at all to panic. All that is required of you and your relatives is to fully cooperate with the Police, as and when required, during the investigation.

1 Like

manish chaturvedi   18 October 2021

Yes u r ryt sir... police refuse to file fir and direct them to court. Yes sir we will cooperate police . I m concerned about charges all are non bailable. I am serving in armed forces it will effect my sevice. i m concerned for my old age parents. i don't knw why. i filed divorce case in may 2021. may be she is taking revenge

minakshi bindhani   18 October 2021

As per your concerns!
In the case of Arnesh Kumar vs. the State of Bihar

The Court observed that the fact that Section 498A, IPC is a cognizable and non-bailable offence, it is more often than not is used as a weapon rather than shield by disgruntled wives. It results in harassing the husband and his relatives by getting them arrested under this Section and it is more disturbing to see bedridden grandfathers and grandmothers being arrested without a prima facie case. Thus, the Court laid down certain guidelines which the police officer must follow while arresting under Section 498A, IPC or Section 4 of the Dowry Prohibition Act, 1961 and that such arrest must be based on a reasonable satisfaction concerning the genuineness of the allegation. Moreover, even the Magistrates must be careful enough not to authorise detention casually and mechanically.

In a precautionary manner, you may follow these particulars;

Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defence lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police move ahead to arrest you or your family members. You can proceed with anticipatory bail for protection against section 498A IPC case under Section 438 of CrPC.

Get the 498a FIR Quashed: You can also get the false 498A FIR quashed by High Court under Section 482 of CrPC. Courts are generally reluctant to quash an FIR or interfere in the law and order process, but if you have sufficient proof, the court has the power to quash the false 498A FIR filed by your wife.

File a cross FIR against the person for blackmailing or filing a false 498A case against you.

Police usually do not favour such FIRs, but if you make your case have sufficient reason to believe, the police cannot deny you to file an FIR against your wife. If the police refuse to register your FIR, you can file a written complaint against the police officer, with the Superintendent of that police station.

File a defamation case against a false 498A case: You can also proceed defamation case against such person for maligning your image by filing a false 498A case against you. 

Hope it helps!
Regards
Minakshi Bindhani
1 Like

P. Venu (Advocate)     18 October 2021

To my knowledge, police are under strict instruction not to make any arrest in 498A cases except with the express approval of the District. As such, there is no need to rush to seek anticipatory bail, which may involve much hassle as well as money!

1 Like

manish chaturvedi   18 October 2021

OKAY SIR...

Dr J C Vashista (Lawyer)     19 October 2021

@ Manish,

Did you inform your commanidng officer about FIR filed by your wife ?

 

1 Like

manish chaturvedi   19 October 2021

YES INFORMED TO MY CO. BUT IT IS NOT FIR. COMPLAINT  filed at court.


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