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Anir (Supervisor)     08 June 2012

Wife threatening to file 498a

Wife has filed 125c and insisting to bring her back else she would file 498a, DV and other charges. Staying separate from last 1 year. My mom and dad are shocked and on bed. No one is here to take care as I have to manage home and my job both. Top of that wife is blackmailing so in this case I can't take her back and as I know whole life she will threaten me by fear of 498a and other charges. So should I file Divorce case. Please advice me. I am loosing my hope from life...


 11 Replies

498A Missile (Engineer)     08 June 2012

Don't panic.

Please go through the forums 1. Lawersclubindia, 2. & 3.

1. Record everthing of her though electronic devices.

2. Collect the details and have the proff , don't inform anyone that you are collecting the proofs.

3. Send a letter to the police station that your wife is blackmailing you on 498A and get signed on your copy for future evidence.

4. Let them file 498A, after that file for divorce. It's simple that you will get divorce on cruelty.

We are here to help you. Never ever get frightened of 498A. You have to teach her a lesson.

pradeep (na)     08 June 2012

You didn't say any thing about why she stays separately since last 1 year. Are you happy with her separation? If she want to come back and lead renewed life with you, what is the problem? Whether any personal or ego problem from your/her side? Is she working?

Any way, as Mr. Shiva suggested, no need to get frightened, collect evidences, don't loose hope, BE MAN.

Nandha (NIL)     08 June 2012

@ pradeep, is it wise to bring back a wife who threatens with 498a, who will create some believable scene to make side stronger to file 498a and make husband's and his family's lives more miserable?


A wife who threatens to file fake 498a, in my opinion, does not deserve to be brought back into the husband's family. 


@Anir - don't be afraid.. intially even i was scared of 498a when my wife threatened. after going this forum and with some patience, it's just nothing.. I agree that you have to face the initial hiccups.. but the case will be always in your favour if it's fake case. Fight it out, instead of being scared!

Anir (Supervisor)     08 June 2012

Thanks a lot for reply and support. The point I am not that much open to take her back is because of her impossible nature. I suffered a lot in my 2 year marriage. She has already destroyed me and my family. I have taken her back 3-4 times but I can't take it any more. So this time she has gone to next level and definetely no relation can work under fear and pressure. Any way I am ready to start a new rollercoster ride of 498a an I hope God is with me, truth i with me and I am working to get things ready with evidences. I am going to win this. Thanks again.

Harshada Shukl Kulkarni (Advocate)     08 June 2012

Dear Anir,

First of all congrats to you as you have regained your confidence in life and hoping to Win. Make sure that you will remain steady and fully confident throughtout as you have your parents, who need you more. So keep it up !

Now, as has been suggested and advised by our friends, first and foremost, you should file a complaint with the local police station as regards the threats issued by your wife and also try to prolong the call whenever your wife calls you so as to record her statements, which later on can be used as evidence and also try to gather other evidences. If you have given her any jewellary, make sure that the bills of the same are on your name and are in place. 

Never loose your hope. God will always help you if you are right. 



ravindra (Analyst)     08 June 2012

Let her file false case.  Keep 1.5 Lakh in advance for bail (for u and ur family). once u will get bail nothing will happen. Let her do whatever she want.

Anir (Supervisor)     09 June 2012

Thanks a lot agin to all of you for your valuable advice and moral support. This LCI plateform is life line for all such people who have lost hope and confidence. Dear advocates and friends, you all are doing such a nice social service that we people really indebted you..

pradeep (na)     09 June 2012

No Mr. nandha, I did not advise Mr. Anir to bring back his wife. Only I wanted to know the background which now he has beatifully explained. I'm always in support of husbands harrased by false 498a cases. But at the same time we should not be against reunion if possible with little compromises from both the sides.

In this case I compliment Anir for regaining from loosing hope.


If she is already threatening to file 498a, don't take her back. You and your parents will suffer a lot once she comes back. If she files 498a after 1 year of separation, it will be weak.

Nandha (NIL)     09 June 2012

@498aka -

filing 498a after one year of separation is not at all weak. Ld. Lawyers can cite many examples. 

However, I agree with you that once a wife threatens false 498a, she does not deserve to be a wife in a family.



It will definitely be weaker that the case she can file later after taking back 125 crpc and joining his company. Delay in filing a criminal case after the cause of action only helps accused. Longer the delay, better for accused.

1 year means a significant amount of time. I am not saying he will straightaway get quash/discharge. But it will be a supporting ground which can be used at each stage. Be it bail/quash/discharge/aquittal.

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