• FIR against family after winning 498a

Hi , 

My Wife filed a 498A against me and my family . They are not coming to the court even after multiple warning and Arrest warrant against her and her parents. Sooner or later we would win that case. 

What are our options after winning the 498A case. What charges can we file against them? Please provide details of all possibilities charges which the law allows us. 

Also the case is filed in Indore but my parents stay in Chennai. Can we file case against them in Chennai (or) does it have to be Indore only.
Asked in Family Law from United States
Religion: Hindu
Firstly you need to file for a divorce in case if you haven't done it yet. Then for the 498A if you win, and the order reflects that the complaint was made with malicious intent, then you can proceed with malicious prosecution case against your wife. This has to be filed in Indore itself. You can seek a transfer from the supreme court to Chennai. Also filing a defamation suit is also an option. But the only point of consideration is that if you win and what the entire order entails.
Best
Debayan Sen
Advocate, Kolkata
8 Answers
0 Consultations

Not rated

1)if wife is not attending court inspite of repeated warnings and issue of bailable warrant against her and her parents complaint filed against you would be dismissed 

2) the burden of proof is upon prosecution to prove charges beyopnd reasonable dount 

3) file complaint of criminal defamation against wife / her parents in Indore under section 500 of IPC 

4) you can  also file suit for damages against wife/ in laws for malinging your reputation 
Ajay Sethi
Advocate, Mumbai
28640 Answers
1555 Consultations

5.0 on 5.0

1. If after repeated issuances of W/A the de facto complainant does not appear then apply to the court for expunging her evidence.
2. After winning the case you can file suit for damages put of malicious prosecution.
3.Yes in cHENNAI SUCH CASES CAN BE FILED.
Devajyoti Barman
Advocate, Kolkata
7326 Answers
85 Consultations

4.9 on 5.0

If the 498a case is different dismissed then you can file a case against the police for malicious prosecution. But If you are acquitted then you cannot file any case. 
In any case you cannot file any case against her because she is just a complainant wheres the police only is the culprit for not investigating the case properly.
Therefore in my opinion it would be better to remain silent this case is disposed in your favour.
T Kalaiselvan
Advocate, Vellore
18819 Answers
179 Consultations

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1. You can file police complaints u/s 182, 211, 195 of IPC and if she has used any false certificate (medical or 
 otherwise) knowing fully well at the material point of time that it is false, the you can add section 199 of IPC also.

2. If police refuses to register FIR against your said complaint, you shall have to file a Writ Petition before the High Court against the police inaction praying for remedy and justice.

3. You can file the said police complaint and consequent W.P. at Chennai police station and High Court at Chennai.
Krishna Kishore Ganguly
Advocate, Kolkata
13983 Answers
310 Consultations

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