• False 498A, 377, 354 case after 4 years of marriage

My wife registered false case with following ipc act. 
3, 4, 313, 323, 354, 377, 498A, 504, 506. 
All the above are false reported and mentioned in fir. 
1. She mentioned in FIR that she was beaten by me and my Family at her parents home. She mentioned my parents, sister and younger brother name and we demanded 10L however I was out of India and my brother was in his coaching classes and sister was in her office on the date she mentioned in FIR. My patents was at their home that day. 

2. She reported that husband was doing unnatural sex since marriage which is totally wrong. Unnatural sex is haram in Islam and I have never done that. 

3. She mentioned that we have aborted child whenever she gets pregnant but she was on fertility treatment just after 3 months of marriage. She got pregnant only once unfortunately child was aborted due to abnormality. 

4. Blame on younger bro for sexual harassment
5. Domestic violence
6. 20L spent on marriage and gave 1L several times which is not correct 

And so on.. 
This is the 5th year of my marriage..

Few days before FIR her family came to my home and badly inserted me and my family.. We are really depressed after that incident. 
Her father and brother are doctors and threatened me so many time that they will represent fake reports in Court for mental harassment and abortion.. Which are sufficient to jailed me. 

She also took away 250g gold jewelries for which we don't have any proof.

Currently case is in mediation and we got bail for next 3 months. We were asking our lawyer for anticipatory bail.. But he asked to go this way.. 

Can any one suggest what to do next and how to represent ourselves in court? I am Still out of India but family is in trouble..

Many thanks
Asked 8 years ago in Family Law
Religion: Muslim

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8 Answers

Once the chargesheet is filed, challenge the same in the High Court by way of moving an application under s. 482 crpc and seek a stay on the 498a trial as interim measure.

If no indulgence is granted to you by the High Court, move an application for discharge before your the trial Court. Incase it is rejected, you may assail the same in the High Court again.

Off lately the Supreme Court has delivered certain landmark judgements in 498a cases which favour husband. Take aide of all such judgements of the supreme court.

Not even 5% are convicted in 498a cases and your trial too should result in acquittal of everyone. Just engage a able Lawyer who defends the case in the best possible way .

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hiii ,, sir as per now the FIR is lodged on the complaint of your wife, the police will conduct investigation and will file the investigation report before court after the investigation is completed.. The police has power to remove the name of your parents from the FIR if they are found innocent ..the court has granted you bail to join the investigation, so it is advisable to attend all the mediation hearings.. After the investigation report is submitted before court , you can apply for regular bail ( on bases of anitcipatory bail) from trial court by providing surety .. The above facts , mentioned by you are matter of trial , and you will be given sufficient opportunities to provide your defence during the trial .. However , you have a remedy of appealing to high court , to cancel the FIR if you have strong grounds

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. She has already lodged the police complaint and the police has registered the FIR.

2. Were you informed by the police earlier about the said complaint and notice was served upon you asking you to appear before the I.O. on a particular date to attend the investigation?

3. You have already availed bail from the Court which is required to be extended.

4. Sec 3 & 4 of IPC also have been put in the FIR which means that some of the alleged acts have taken place abroad.

5. Since you are already on bail, you should now extend it and contest the case fittingly.

6. You can file an application before the Court praying for waiving your physical appearance on the days of hearings since you stay abroad to earn your livelihood.

Krishna Kishore Ganguly
Advocate, Kolkata
27723 Answers
726 Consultations

it is better you come down to India and contest case on merits

2)498A cases take 10 years to be disposed of

3)if your case is on mediation you should take the stand that you are willing to stay with your wife if she withdraws false and defamatory complaint filed by her

4) if wife refuses you can file complaint of criminal defamation against her under section 500 of IPC for making false and defamatory statements and mailinging your reputation

Ajay Sethi
Advocate, Mumbai
99893 Answers
8153 Consultations

Yes, I will suggest that after the mediation fails (probably it will) you immediately prefer a petition for FIR quashing in the High Court, and even if nothing happens the court generally strikes out section 377 (unnatural offence) from the list of offences.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

To the best of my opinion and experience you must prefer a petition for FIR quashing.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. Your lawyer is perfectly right. Permanent bail will remain a distant dream in such cases. You have to go on the path of mediation and seek extension of interim bail.

2. If mediation fails then contest the cases at trial once the chargesheet is filed.

3. If your parents are threatened then they should file a criminal complaint for criminal intimidation under Section 506 IPC and also file a suit for permanent injunction against your wife and her parents to restrain them from harming them in any manner.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Since you are out of the country dont hurry to get anticipatory bail so soon without coming to India.

Prima facie the complaint appears to be false hence you can challenge the case during trial proceedings properly and defend your interests

Your parents may first procure AB, you can wait to get enlarged on bail after arriving in India.

T Kalaiselvan
Advocate, Vellore
90095 Answers
2503 Consultations

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