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freelancer (NA)     02 October 2010

what if 498a case proved to be false

HI, My wife left to her parental home with my two kids after 5 years of marriages. Now she had filed a false 498a complaint on me for my utter shock. Can you please tellme what if the case filed against me proved to be false? What happens to my kids who are in her custody?


Learning

 37 Replies

Adv Archana Deshmukh (Practicing Advocate)     02 October 2010

If the case filed against you is proved to be false, then you'll get acquitted.

1 Like

(Guest)

freelancer,

 

Further to what Adv Archana has advised, you can file the defamation suit on your wife. Get compensated accordingly.

 

For children, file child custody under GWA.

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     02 October 2010

except acuittal nothing.  I do not agree with cool, because there must be observatin in the judgement that complaint filed the case intentionally to defame the accused, then only you can file a defamation case.

1 Like

aflatoon dash (health)     02 October 2010

How much period has elapsed between her going and today

After separating what was the lapse period after which she  her filled 498.

how old are the kids

whats yours and her educational qualification.


(Guest)

see the thread

https://www.lawyersclubindia.com/forum/LAWS-NOT-SO-BIASED-REMEDY-TO-FALSE-498A-24252.asp

talk to a good criminal lawyer expert on matri issues, try if both are one or same or a single team

read below above thread copied , teach a false 498a a lesson. these ppl are spreading legal terrorism in india. save ur nation

LAWS ARE NOT SO BIASED,

THERE IS REMEDY TO FALSE 498A TOO(everyone knows 95% in metros are fake),real victims( 5% ) never get justice. IF A LADY FILES FALSE 498A , MEN CAN SUE HER FOR FILING FALSE CASES

IPC 211 and 511 (Eleven In BOTH the cases)

211 :- is applicable (when a false 498a case is going on i.e. UNDER TRIAL)-(Imp : SAME COURT AND SAME MEGISTRATE CAN TAKE CONGNIZANCE- NOT EVEN HC/SC).

The Result of husband filing 211 : If the husband side is convicted then husband side GOES TO JAIL (Convicted) – (husband side NOT loosing anything here as they are already accused), if husband side is NOT CONVICTED (Acquitted) then the WIFE SIDE GOES TO JAIL… (3 CHEERS FOR FALSE VICTIMS). HERE IS THE POINT.

IPC 511 : Illustration : If a pocket picker puts his hand in the pocket of a person (EXPECTING SOME MONEY) and after putting HIS HAND HE FINDS NO MONEY INSIDE, THAT MEANS HE HAS DONE A CRIME OF “POCKET PICKING”….

Similiarly : If the wife files a false 498a complaint against the husband and the family (thinking that they will pay her xx Lakhs !) , AND AFTER FILING SHE COMES TO KNOW THAT ‘NOTHING’ (No money) is there in the pocket the SHE HAS DONE THE CRIME OF ‘BLACKMAILING’…)

Best of All : 511 IS APPLICALBLE FOR BOTH THE GENDERS….

I put in more simple scenerio : If a wife, files a false complaint KNOWINGY, that husband will SURRENDER TO HER DEMANDS (after false 498a), BUT AFTER FILING ITv (a false dowry case), SHE COMES TO KNOW THAT HUSBAND DOESNT HAVE ANYTHING TO PAY (Pocket EMPTY !!!!) THAT MEANS, THE WIFE HAS DONE THE CRIME OF BLACKMAILING (506).

so victims bhajan mandli can cheer up and bring fake ones to justice.

also u can use following according to situation

IPC 177– Furnishing false information.
IPC 182– False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC 191– Giving false evidence
IPC 193– Punishment for false evidence
IPC 194– Giving or fabricating false evidence with intent to procure conviction of capital offence.
IPC 195– Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
IPC 199– False statement made in declaration which is by law receivable as evidence.
IPC 200– Using as true such declaration knowing it to be false.
IPC 211– False charge of offence made with intent to injure
IPC 361– Kidnapping from lawful guardianship.
IPC 362– Abduction.
IPC 363– Punishment for kidnapping.
IPC 378– Theft
IPC 379– Punishment for theft
IPC 380– Theft in dwelling house, etc
IPC 405– Criminal breach of trust
IPC 406– Punishment for criminal breach of trust
IPC 415– Cheating.
IPC 417– Punishment for cheating.
IPC 499– Defamation.
IPC 500– Punishment for defamation.
IPC 503– Criminal intimidation.
IPC 504– Intentional insult with intent to provoke breach of the peace.
IPC 506– Punishment for criminal intimidation.

8 Like

Jamai Of Law (propra)     02 October 2010

 

I request experienced lawyers to kindly comment on this..................................

 

There is a difference between ........

plaintiff losing a '498a but unfortunately with no credible evidence'

Vs.  

plaintiff losing a '498a filed intensionally to malicious intensions'.

 

If a female doesn't have proofs or in-laws erase all such proofs, it doesn't necessarily mean that she had malicous intensions.

 

Otherwise it will create a fear in the mind of every plaintiff about approaching the judiciary about repremand for filing the case.

 

Charging them with 'false 498a' is like telling them 'Don't dare to come to court unless you have guaranty to win it'.

 

Damages are not applicable to extent of giving them criminal punishment for filing a case which they are not able to win merely due to unavailability of proofs (or which are insufficient in the eyes of law).

 

 

   

2 Like

Adv Archana Deshmukh (Practicing Advocate)     02 October 2010

Yes, there is a lot of differance between the two situations. The situation where the offence could not be proved due to insufficiency of evidence or due to certain lacuna in the evidence laid before the court and the accused got acquitted and the situation where it is clearly evident that the case is false and filed with malacious intentions just to harrass the accused.  In a criminal case the prosecution has to prove the offence beyond all reasonable doubts which is quite difficult in many cases perticularly in matrimonial cases. One of the reasons is that there is no witness to such domestic harrassment as things happens within the 4 walls of the house. In most of the cases the offence cannot be proved so the accused gets benefit of doubt so gets acquitted. In such a cases a case for malicious prosecution cannot be filed at all. Only when the malicious intentions can be gathered from the case then only such case can stand.

4 Like

Jamai Of Law (propra)     02 October 2010

@ Archana ji,

I appreciate your valued information.


(Guest)

Adv. Archanaji,

Very good information.  Thanks.

freelancer (NA)     03 October 2010

Dear All,

 

Thanks a ton for all your valuable suggestions. But however, one more thing i would like to know. IS there any such support system from judiciary where the husband & wife gets counscilling before taking any descision as once descision taken, i am sure the two would part their ways. In this case, the two would lead their life with some adjustments. Butin this case, if anyone gets affected,that would be children. They have to live the remaining life without complete package of family and it will badly reflect in their minds ands future as well.

 

Is there any process that can stop this and get the wife & husband together? Will court agree for counscilling so that the two understand their good & bads and mould themselves acordingly?

 

Because, in my entire story, i am understanding that my wife is entirely & blindly following herparents way. By the way most amazing part was that my mariage was love marriage and my In-laws parted their ways with us  after some clash 3years back and does not turn back even to see whether her daughter is alive or not. Now suddenly they came into mylife and spoiled my entire life just because of their personal revenge on me (I guess).

 

Pleae advice on this because i still not able to understand on howe to proceed further, because , i want my family back and want to lead a peaceful life. Your inputs and suggestions ae most important for me. If i proceed in court, i am sure that we part our ways since it create space in between us but not help us to understand each other.

 

****For your information which may help us to guide me: My parents passed away long back due to which i do not have any support from my paental side. I am the single person who has to face this alone.

Adv Archana Deshmukh (Practicing Advocate)     03 October 2010

File a Restitution of Conjugal Rights petition in the court.  The court shall send both of you to the councellor to make attempts for reconciliation. In the meanwhile, you contact her through some friends, her neighbours etc and talk to her. Try to convince her and bring her back. She may have got under the influence of her parents but, through proper councelling may realise her role in the family and think of children. Take the help of marriage councellor if you want.

1 Like

freelancer (NA)     03 October 2010

Dear Archanaji,

 

Thanks for your prompt reply. I had alreay tried to take helpfrom her friends, my friends etc. but she is not speaking to anybody and is living in trans. And my situation is i am staying in delhi and my in-laws are from kolkata. I am working with a private company and leadingmy life with respect and dignity. Now the situation is that i have to travel from this end to that end everytime to attend court.

Meanwhile, one more thing is that i had recently purchased a flat in the month on july in delhi and immediatly after that in the month of august she had left home to her parents house.When i gone there to understand the scenario, they demended me to sell of this property and to purchase a property in my wife's name in kolkata and also demended to settle down on kolkata if i want my wife and children back.

 

I really confused on how to move on this without effecting my chldren future. Please advice on this and i would be greatful to you.

Suchitra. S (Advocate)     03 October 2010

Sir, I have gone through all th posts in this query. The only way out for you when your wife is adamant on her decision of not coming back to you, is to file a RCR immediately.  In case she files any case against you, you will have to fight the case. Archana ji has advised you all the possibilities properly. The other way is to hear what your wife says and try to relocate to her place if you do not want to disturb your children. It is quite simple to understand that both husband and wife should make an effort to make a marriage work as far as possible. 

1 Like

Tajobsindia (Senior Partner )     03 October 2010

  1. Legal battle (contested cases) when couple have kid(s) is emotionally and monetarily draining and given to understand Indian legal system and locations of couple as in this case brief it will be some years any amicable resolution between them may come about.

  2. Advises of lady advocates here are practical but I somehow feel you will never be satisfied to give a answer to your inner conscience in future if you are not emotionally strong a person and with effective support group around you I suggest to contest the case to its legal end no matter how many years it may take.

  3. I suggest sell the flat if it is paid for with your sole contribution and invest the amount into best legal defense (means hire best lawyers who are ready to work as per your terms for an incentive - it is like a corporate contract with lawyer and nothing else should be gone for - they perform with a favourable Order / Relief for you give them bonus otherwise kick them and hire another lawyer simple - during consultation Lawyers promise a Husband moon and when in curt they don't even speak during maintenance and child custody hearings etc. for them it is just another case) and also file for custody of children case as soon as possible in your jurisdiction as children were removed from their ordinary residence place. File RCR (S. 9 HMA) also do self study of Fmily Law to get self trained in Law to some extent. read past 200 message sin Family law Forum read with Criminal Law Forum also along with Civil Law Forum they are good pointers concernign Family law issues and solutions discussed by various experts here and no rocket science were discussed. Invest into few Bare Acts books which costs under 100 Rs.


Para 3 is suggested because from your briefs it shows your wife is adamant lady a sort of pseudo – freedom character. Today she deserts you with children under the influence of XYZ. Tomorrow In Laws are already saying sell your assets and re-locate so it will not be any wonder keeping children as pawns (they guessed your emotional soft spot rightly) they will say sell you kidney and re-locate to Thailand as the environs there is better than Kolkatta then she will say leave your parents and sister (if any) as it disturbs her family’s peace when you visit them and or when they come to your home so how long for the sake of adjustments to retain a marriage you as a husband is going to bend down in the name of ‘duties’ and in all these wife does not have any ‘duty’ just ‘rights’ for falt – rights for maintenance – rights to take child away from natural guardian etc. etc. ??????



Think loud the answer is within you and for legal help best honest professionals do exists in Delhi as well as Kolkatta whom one can find with trial and error and with little bit self legal studies and strong will you may succeed at the end of the day – thus giving a clear answer to your conscious that you did the right thing for your marriage for your children and for your wife by contesting the false allegations she has put in S. 498a IPC and or going to may be file by way of other Criminal / Civil suits and behind all these the bone of contention seems to be that Flat so why keep it on a platter to just give it away at the end of the day to your wife with no fault (probably) of yours as read down from your two briefs !

 

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