False allegation by wife in 125 and 498a

Sir,

please guide to us, if wife file the 125,DV or 498A by concocted and frivolous allegation. then will court assumes that wife's allegation are true? some learned lawyer has told that women's side is always strong in the court even if she don't have any evidence in supporting to her allegations and court assumes her allegation r true and husband's allegation are false. it there any law that allegation becomes true only on filling the case. if wife don't have any evidence to prove her allegation then what can we do? pls giude.

my wife had filed 125 in 2008 and later 498a in 2010 but when I.O investigated the matter after filling the FIR they found the allegation bogus and did not done immediate arrest. after seeing this by wife she has filled the affidavit for compromise to the police station and said in the affidavit that she had filled the 498A in agony. the I.O has submitted the compromise in the file.

she come back with me in 2010 but her behavior remain arrogant, she never respect my parents and my other family members. she dont want to allow me to meet my family members and create nuisance in the family, her father threats to file some other case like DV nad DP etc. he says that law is with them. they can harress to our family a lot.

now i want to know that what can i do?

Asked 6 years ago in Family Law

Religion: Hindu

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11 Answers

You've been misguided by that lawyer, as everything is court of law needs to be prived, by way of evidence and noallegation becomes the truth only on filling the case, but has to be oroved by way of irrefutable evidence and by way of statements made by the parties during examination.

If she won't be able to prove her allegations in court, you'll be acquitted.

In the case of Ashok Chaturvedi and Ors. v. Shitul H Chanchani and Anr. it was held that allowing the criminal proceeding to continue even when the allegation of the complaint petition do not make out any offence would be tantamount to abuse of the process of the court

After acquittal, you can file a suit for damages against wife claiming losses you had incurred due to her false cases.

If your wife has made false statements in court, and you have evidence for the same, then you can file a complaint for committing the offence of perjury.

For further discussion, feel free to contact.

Regards.

Siddharth Jain

Advocate, New Delhi

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Respected sir ...

There are no preventive measure are provided for husband to escape from such liability ...Sir only the way we have is just to convince her ... Action is only be taken when the opposite party moves against us legally ...Sir it's all upto you what you wants in case D.V act case can also be registered against her by the way of any female family member ...That is not a big issue but yes we can not make any prevention of that as there is nothing about that in law...

Thank you

Dinesh Sharawat

Advocate, Delhi

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Hello,

No without proof court CANNOT pass any order which supports wife's claim where no evidence is there to support the case .

And the report of IO plays a very vital role here so if they again file a similar case you can present the judgment and findings of the previous case .

Hope this helps .

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Swarupananda Neogi

Advocate, Kolkata

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thanks for ur reply.

i have 498A FIR COPY/her compromising affidavit/ and 125 case copy in that she had made lot of false allegation upon me that i m drunker/philandered / etc, but i dont hv any audio or vedio in support of her arrogant behavior, she behave arrogantly in the house, some times she dont make the food and keep the door closed and threat that she would do suicide and she dont pay attention to me but how these activities can be proved without ant vedio or audio. it is also not possible to make a log book for every instance.

however my family members like parents and brothers and their wives r well aware of these incidence.

is the statement from my family members are sufficient evidence? and our family members satements can be presumed as a evidence?

pls guide

Asked 6 years ago

You can use the previous 498a cases as a ground of cruelty towards you for getting divorce decree .

Regards

Swarupananda Neogi

Advocate, Kolkata

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You can easily establish your case before the court by using those cases.

Swarupananda Neogi

Advocate, Kolkata

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No the onus is always on wife to prove her allegation by way of evidence and she has to provide same the court cannot convict you simply because of some false allegations the allegations are always required to be substantiated with the help of evidence in court if no evidence the accused shall be acquitted and further the accuse can claim compensation from such wife for malicious prosecution and defamation.

You can seek divorce from your wife on ground of cruelty further filing false cases and intimidating to file false cases amounts to cruelty and you can seek divorce on these grounds along with misbehaviour with parents and you is cruelty too.

Shubham Jhajharia

Advocate, Ahmedabad

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Yes. The statements of your family members made under oath in court would amount to evidence, if they do not contradict their statements during cross examination by the other side.

Moreover, as the allegations have been by her, the burden of proof to prove such allegations is on your wife and you just have defend that.

If your wife isn't able to prove her allegations, beyond reasonable doubt, you'll be acquitted due to lack of evidence.

Siddharth Jain

Advocate, New Delhi

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Burden is upon prosecution to prove allegations beyond reasonable doubt in dowry harassment case and on wife in DV case

2) court does not presume what is stated in complaint is gospel truth

3) file for divorce on grounds of mental cruelty

Ajay Sethi

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You can rely upon earlier complaint filed by wife in support of your divorce petition

Wife threatening to commit suicide amounts to mental cruelty and is ground for divorce

Ajay Sethi

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it there any law that allegation becomes true only on filling the case. if wife don't have any evidence to prove her allegation then what can we do? pls giude.

You have been misguided by some mischievous persons about this.

You can challenge her case and if she do not have evidence then you can get the case dismissed.

If there is no case pending agaisnt you in this regard, what is your worry?

If they are threatening to file fresh cases, it is almost 10 years now hence their cases will become very weak also you can collect the evidences of the previous cases to put up a strong fight to defend your interests, in case of any fresh case.