• Defence from 498a

I have been facing a trouble for last one year that my wife can file a false 498a. There are my widow mother and 2 yonger unmarried brothers in my family. we are living together. My wife has no affection with my family. She always try to fight and divide the family. Her parents also inspire her to fight with me and my family.She does nothing axcept threating us. My relatives have also made distances due to her bad behaviour and criminal thought. We are not able enough say her anything. My younger brothers are on the stage career building.they are worried due to this as their career can be spoiled with just filing a false case.  Though one of them also a earning member. I have felt that she is doing this nonvisible indirect violence in support of 498a law. she can file false case if we open our mouth a little. She has controlled me and my family for a invalid and improer profit. But I don't want to be victim of false case.so could you please guide me what shoud I do for defence and which type evidence I should collect. Please guide me.
Asked 3 years ago in Criminal Law from Jaipur, Rajasthan
1. You should install CCTV cameras inside the house to collect evidence to show that your wife was not harassed or beaten by you. 

2. In the event she files a case for domestic violence and dowry harassment you should obtain bail immediately to avoid being arrested and sent to jail, and thereafter contest the case on merits.

3. You can also move the HC for quashing of the case.

4. You may also file for divorce on the ground of cruelty.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

1) There is no point living in constant fear under threat of false criminal complaints of cruelty and dowry harassment. You need to contest the case if and when filed.

2) In case she goes ahead with filing such case do obtain bail as soon as that happens.

3) You can record her threats and all the conversation of threat and intimidation regarding the filing of cases.You can also let neighbours and her reliable relatives and yours about instances which spell out her ways of being cruel to you so that in case she files a case you have witnesses to depose for you.

4)If indeed her case is false you can approach the High Court to get the petition quashed. Your brothers' career will not be affected.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

1. There is no way one can restrain another from filing such cases.
2. The remedy is more defensive than offensive and once such case is filed taking bail is the only remedy left.
3. The more you would cower under threat, you would be subjected to such threats more progressively.
4. Raise a voice loud and clear. It will work.
5. No marriage can survive under such threats and you should think seriously about the fate of this marriage which I find very bleak.
6. Try to resolve the dispute amicably.
Devajyoti Barman
Advocate, Kolkata
13119 Answers
174 Consultations

5.0 on 5.0

Dear Querist
it may be possible that your apprehension may be real but it is also possible that she will not file any cases against you and your family.

there is no defense for saving from filing dowry case or any other case, it will be depend on the facts and circumstances of the case.

if there is only apprehension then you may file an information cum complaint before Higher authorities as Commissioner of Police or SSP, National Commission for Women, and Chief Justice of High Court.
this is only for record and not for an action.
Nadeem Qureshi
Advocate, New Delhi
4875 Answers
224 Consultations

4.9 on 5.0

1. Collect evidence of such cruel act through audio/video recording,

2. Lodge police complaint against herself and her parents for torturing yo all including your maother,

3. Let your mother file DV case against her with evidence,

4. All the above steps have been suggested considering that she is really going to lodge the 498A complaint against all of you, to insulate you from her such act,

5. Best course of action on your part will be to get the matter settled amicably with compassion.
Krishna Kishore Ganguly
Advocate, Kolkata
18741 Answers
452 Consultations

5.0 on 5.0

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