• How to combat possible 498 a charges?

Got married in december 2017 in Kolkata. Stayed with wife for 20 days after that I took her to parent's house so that she can complete stidies. In the mean time wife says she had tried to commit suicide before marriage and can do so again. After I come back to delhi in laws say my wife is pregnant. When I say we didnot have penetrative sex they threat me saying I should have. Later they say it was a mistake. A few months later I ask her why did she try to commit suicide before marriage she syas it was a lie. Again in laws threaten me and parents saying I have told my wife to die. When we confront them verbally they say sorry it was misunderstanding. Was supposed bring wife after 15 April. But mother fell ill admitted to aiims. So things got delayed.April 20 in laws call up threat police action for not accepting wife. We say send her to Delhi. They also say I am ill thats why didnot have sex with wife. Later they ask me to go to their house in Kolkata attend a puja and take wife to delhi with me. They also say they r running out of patience. I am scared of them. I want to tell them to send my wife to delhi alone and I will send her train ticket. Not talking to wife for over 2 months
Took no dowry.
Can charges under 498 a be filed against my family and me? How to disprove this? (Have a few audio recordings but not of original threats received)

Can I lose job if charges proved?

Can I file divorce plea? What can be my ground for filing divorce?
How long can both process take?
Asked 4 years ago in Family Law
Religion: Hindu

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9 Answers

1. If such flase case is filed then challenge the same in the HC. File a NC in the police station and a RCR case.

2. That depends on the police of the company.

3. A contested divorce can take 2-3 years to get decided. You can also file a case on the ground of mental cruelty.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. The case can be filed on false ground against you and family but since there is no cruelty against her lived only for 15 days you can in such circumstance file a quashing petition before high court.

Further in my view police complaint can be made reporting that inlaws are threatening and not sending you wife over and you fear if you go they can implicate you in some offence. Further request your wife talk to her that your father is I'll.so ask her to come alone.

2. If charges are proved then yes because you will be imprisoned but since burden of proof is on her and according to your facts no cruelty against her is committed no dowry taken so you won't be convicted.

3. You can take divorce under section.13 hindu marriage act on ground of cruelty . It can take from 2 to 3 years to dispose contested divorce or sometimes more.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

You may be a possible victim of blackmailing .

Yes they can file a case of 498a but you have nothing to scare as police will not arrest you unless their preliminary inquiry suggests that the facts are true .

Threatening to commit suicide amounts to mental cruelty which is a ground of divorce .

Gather as much evidence as possible in your favour and try to invest on something by taking loan where you have to pay instalments , so that in case she filed maintenance case you can get some relief .

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Many a times, women use their rights in making false complaint against their husbands with the motive of harassing them. So, my answer is yes, she can file a complaint against you and your family. Section 498A of Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands (dowry).

If a false complaint is registered against you by your wife, you have two options – either to defend your case and wait for the judgement or to file a counter case against your wife and prove her wrong.

If a case of your wife is proved, you'll be convicted, which might affect your job.

You still would have the right to appeal as well as bail.

Under some exceptional circumstance you can file a divorce petition with in six months as per section 14 of the Hindu Marriage Act.

Your grounds for divorce should be cruelty against husband and in laws, her suicidal tendencies and her threatening you to file false cases against you and your family.

Contested divorce takes around 2 years to be decided.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

In case wife files false 498A case apply for and obtain AB

2) if your wife is pregnant and you did not have sex fi,e for divorce on grounds of adultery and mental cruelty

3) if you are convicted you would lose your job

4) contested divorce cases take 5 years to be disposed of

Ajay Sethi
Advocate, Mumbai
87955 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

If your are sure wife is not pregnant by you, u can file for annulment of marriage u/s 12 (d) of Hindu Marriage Act.

Rest DNA test will prove. Divorce will grant in few months if proved her pregnancy with other guy.

false case can be filed but not of much credence as you must have proof of calling her again and again.

No loss of job but make sure in case of arrest get instant bail or file anticipatory bail.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Well, first make up your mind as regards taking your wife back or not. Since your marriage at the initial stage and your wife is probably pregnant then do not rush to any hasty decision and try to survive this marriage.

2. There is no harm in visiting your in laws place and take your wife back. Ignore their threat of 498A cases as that may be out of desperation and if you are serious in taking your wife back then they would not make the mistake of lodging any false FIR.

3. If still FIR is registered there is nothing to worry as bail can be obtained after which no much thing of worry.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Can charges under 498 a be filed against my family and me? How to disprove this? (Have a few audio recordings but not of original threats received)

That is the legal weapon that the girls and their parents use against the husband and his relatives to bring them under their control and put pressure on them to comply with their demands.

No doubt you have not demanded any dowry but you have to prove it before court when there arises a necessary subsequent to her complaint with the police on this.

You can challenge her false cases in the court when it comes to the court before that if at all there is any complaint in this regard, you may first obtain AB and then face the case in the trial court.

Can I lose job if charges proved?

Why do you think so long so soon, try and dismiss her case.

Can I file divorce plea? What can be my ground for filing divorce?

How long can both process take?

You cannot file a divorce case within one year from the date of marriage, you may have to wait for one year completion.

T Kalaiselvan
Advocate, Vellore
78113 Answers
1543 Consultations

5.0 on 5.0

U just write a complain letter and mention all above things and submit to police station.

Payel Ghosh
Advocate, Kolkata
13 Answers

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