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s kumar (not)     31 July 2015

Regarding 498a

What wife can charge false 498a on her married SIL who live in another city and come to meet her parrents one or twice in a year for one or two days. And police can arrest her to go to her husbands home ? Or what then SIL will have to come to court to apear on dates? What married SIL can be responsible for 498a?



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 4 Replies

saravanan s (legal advisor)     31 July 2015

your query seems to be hypothetical. anyone can be accused by your wife in a 498a case.if wrongly accused with whatever proofs you got to substantiate your claim you can apply for quashing the fir or file a discharge petition in the court

s kumar (not)     31 July 2015

What if wife file 498a against any of family mamber then what that family mamber's will have to proof that he/she is inocent or firstly wife will have to proof that he/she are faulty, I mean to say that wife's need to produse any strong evidance in favoer of 498a ?

saravanan s (legal advisor)     31 July 2015

nowadays police cant make mechanical arrests of people whoever names are mentioned in fir.they need to stick to the supreme court guidelines while making arrest

Nitin (marketting manager)     01 August 2015

Hello S Kumar,

  Wife can file on any one,but she has to prove it ,if not proven that can be grounds for divorce, we are seeing this trent in these days, when wives file a false or misuse 498A, then husbands can use that as a harrasment and file for a Divorce [Only if 498A is NOT proved]

Rgds,

Nitin


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