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james (pro)     09 January 2011



Dear Honorable members,


I would like to know that if a wife files a false case of either 498A (Police arrest and all is clear to me) or any mental/physical touchier, is it require for her to prove it in the court or just a statement is sufficient from her side against her husband. What she can say and present as a proof from her side.

What proof we should have to safe guard our self on the husband side knowing that the charges are baseless and false.

I kindly request all the members to their valuable suggestions.

This is for the Hindu community. 

Thanks in advance.


 25 Replies

N.K.Assumi (Advocate)     09 January 2011

To crack 498a case you required lots of home work and legal analysis before retaiating with counter case .If the case is false and baseless give the same medicines to the opponents and your 4988a case can be over in short time and you can also file counter case under section 340 and defamation suit which can destroy the 498a family completely. But first do your home work depending on the kind of allegations, the nature of complaint against you, the instigators and their witnesses etc, and draw your battle lines.

james (pro)     09 January 2011


Thanks for the reply. But my question remains unanswerable.

As a lay man I just want to know:-

What she can say and present as a proof from her side.

What proof we should have to safe guard our self on the husband side knowing that the charges are baseless and false.

Avnish Kaur (Consultant)     09 January 2011

contact an expert criminal lawyers and discuss full facts of case. as assumi sir advised above cracking 498a requires full facts of case , which varies from case to case. if u are innocent then it will be cracked very easily with the help of an expert honest criminal lawyer.


Hire expert honest criminal lawyer.Dont think about future at this time.

N.K.Assumi (Advocate)     09 January 2011

When you are predicting what she may say how can we prophesise what she will said? It all depend on the nature of the case and no forum members can give you prophetic answer unless you marshal your facts of the case in details and post it in the forum.

pnarendrakumar advocate mandya (advocate)     09 January 2011

no doubt a wife can file a false complaint on the basis of false allegations against her own husband by misusing the law. but the thing is after filing the same the burden of proving the same beyond all reasonable doubt is on her .so the thing husband has to do is ,to collect materials to create doubt against her allegation and make use of the presumption of innocence in his favour.

james (pro)     09 January 2011

Thanks for the reply  pnarendrakumar 

What could be used as a proof from husband side.

Let us say some audio and vidieo recording, pictures or some documents supporting her happiness in husband house.

Out of all these which will be more effective. 

Waitting for the response

james (pro)     09 January 2011

What i learn that she has to prove the alligation she will made on husband.

I was thinking that just a statement by her will be sufficient for her.

pnarendrakumar advocate mandya (advocate)     09 January 2011

BARE allegations in statement of the wife is not sufficent. it should be supportad by independent, reliable witnesses.

VictimOfBiasLaw (Professional)     10 January 2011

Accept that Wife has to prove this , but husband has to pay maintainence even if he win DV case .

if wife filed false DV case definatly after some time she will file crpc-125 for maintainence.


Please explain , i have the same situation here

Parth Chandra (none)     11 January 2011

Wife can file maintenance anytime and through many laws but maintenance can be given only if

1) Husband has filed divorce or refuses to live with wife

2) Wife can proove cruelty of any sort in maintenace case due to which she is not ready to stay with husband.

Please go through all the judgements @ would give you better idea on various laws that is troubling you

Also stick to this web-site and make sure that you ready each & every thread that is related to your case for 2 months daily.......It would give good knowledge and confidence.

Avnish Kaur (Consultant)     11 January 2011

pc has very rightly advised, i will also suggest you to read it for two months, besides that read last three months postings on this site and u have a good quantum of legal knowledge.

VictimOfBiasLaw (Professional)     11 January 2011

Thanks to all,

i have lot of confidence and knowledge because of LSI , otherwise my friends / relative adviced to surrender

since they had in impression that this law is very much in favor of woman

Thanks again

james (pro)     11 January 2011

Thanks to all

Yes it is required and very much true that a good advocate is to be with us but I too have read some where that a person is the best advocate for himself. He can analyse the things and which help in consultation with his lawyer.

Thanks PC and Avnish Kaur but sorry to say I can open you link, It seems to be boken  link.

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