• Harassment and misuse IPC 498a

I want to file a case against my wife for divorce. But Someone suggested me that if she will file a case of domestic violence and dowry then you and your family have to go to jail, because a non bailable warrant will be issued against me and my family. And i will be arrested within 24 hours and i will not have any chance to defend myself. I have some proofs against her. But is it really the case that for a husband to file a case against his wife will land him and his parents in jail. If so how i can prevent such actions? We was done 4 meeting for mutual consent divorce but she is asking 5 lakhs amount.

If I can not arranged this amount she is go to police station for filing 498A.
Also she is asking all gifted ornament given from my side. 

Please suggest now what can I do and how to save me and my Family from misuse of IPC 498A

Also some of relatives is keep calling and rudly talk with my family.

please help me.
Asked 5 years ago in Family Law
Religion: Hindu

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8 Answers

Hello,

you have been wrongly informed, there is no immediate arrest in the case of 498A and if the FIR is lodged then you will be served with a notice of 41A to appear before the police in order to take part in the investigation.

also, you may obtain anticipatory bail beofre filing the divorce case. Go ahead and file the case of divorce, no need to worry much.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Sir first of all when she file a 498A complaint you are not going to jail as the complaint is filed, on complaint police calls for the counselling before registering FIR in the  materimonial offence further if she has no primary proof police generally avoid arrest immediately. In menatime a anticipatory bail can be taken from the court and you can be protected from going to the jail. 

 

Further the gifted ornaments are stridhan it is better you return same and take acknowledgement of same as for that if you donot return she can file a complaint under 406 ipc and police can recover. 

 

See it is better to bargain on amount and settle for mutual divorce if possible but donot entertain there unusual demands.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1)in the event wife files false case of dowry harssment apply for and and obtain anticpatory bail from sessions court 

 

2) there is no automatic arrest in dowry harssment case 

 

3) police has to issue you notice to record your statement under section 41A of cr pc 

 

4) gold jwellery given at time of marriage constiutes her stridhan 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Hi,

You've not mentioned since how long you've been married.Have you or any member of your family have caused harrasement to your wife or any person related to her? Can she (your wife), prove such harassment in the court with any sort of evidence?

 Your wife can file a suit of Domestic violence or cruelty agaisnt you or member of your family. However, filing a suit and proving it actually in the court of law, are two different things. In case your wife files an FIR against you or any member of your family, you can immediately approach the court for "anticipatory bail" so that you are not arrested till the decision.

Regarding ornaments gifted to your wife, they are her "Streedhan" and she has every right to claim it even though they have been given by your parents/relative/friends.

My personal advice would be to negotiate the amount and apply for a Mutual Consent Divorce.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

There no automatic arrest in 498a cases any more. This position has been prevailing ever since the verdict of the Hon'ble Apex COurt in the case of Arnesh Kumar vs. State of Bihar. 

Thus, you need not worry. At any time she manages to institute a false and vexatious 498a cases against you, you will have ample of opportunity to defend yourself and your parents.

No need to accept her unreasonable demands for mutual consent divorce

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

If your wife is going for Fir under section 498 a then you should go for arrest stay to high court but if your wife is threatening you to file case in the court you may file case of divorce against her but first of all you should give an application to your police station and ssp that your wife may be fabricated in false case so you want protection. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1) If your wife has left matrimonial house by her own wish than you can file case against her that she has deserted you and your family.

So you can be saved against that on cruelty and deserted basis she had left you.

plus you can get AB against 498a.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Just like that the police may not arrest you or your family members without summoning you and making preliminary enquiry into the complaint given by her.

You will get enough breathing time to take preventive measures.

She may, to avenge you for being provoked by your divorce case, file the said false cases, it doesn't mean that you don't have any solution for this.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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