• False 498a

My wife gave a complaint about false dowary and domestic violence in mhila help line .3 times counselling has been done and she is asking to take mutual divorce and demanding 10 lakh .but i disagree because all allegations are false .then complaint is forwarded to ssp office for further counselling where they said us to go to the court and does not lodge any FIR .what action can I take against her for fiilling false complaint ..we both r in govt.job.please give your valuable opinion.
Asked 4 months ago in Family Law from Rishikesh, Uttarakhand
Religion: Hindu

Hello,

you go ahead and file a complaint against her for filing false cases against you. Also file a complaint for of defamation and claim damages from your wife.

 

regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Hi,

You are suggested to file the case of restitution of conjugal rights as a preventive case for her domestic violence and dowry demand allegations. In the meantime, don't bend down to her demands and go for zero Rs. settlement if she wants divorce from you. 

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

See in case they have not filed any FIR it is better not to take any steps as you taking any state might intsigate them and they might file FIR and then it would be long litigation to prove changes wrong. As such there  is no step also which can be fruitful at this stage to take against them.

You can file a restitution petition asking her to restitute the conjugal rights and come back.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

if you want to rejoin matrimonial knot, then, 

try to settle the matter amicably with your wife involving elders/relatives/friends etc and take her back, and if, failed, file Restitution of conjugal rights petition in the Court,

and,

if you want to terminate the matrimonial knot, then,

try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, but as she is demanding Rs. 10 lakhs and you do not want to pay, so try to take her to a lower amount, 

if failed, you have two options,

one option is to,

file contested divorce on the grounds of mental cruelty, false complaint but it will take around 4-6 years,

also once you file contested divorce she will surely file/claim

498a complaint 

Domestic Violence case

maintenance,

so be ready for them too,

and,

the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,

RCR will work as a safeguard to 498a, maintenance, DV etc 

Suneel Moudgil
Advocate, Panipat
1142 Answers
1 Consultation

4.3 on 5.0

Dear Sir,

You can file complaint but it will not solve your problem, you can get blanket anticipatory bail in apprehension of your arrest, thereafter if FIR is registered u can be admitted on bail by court very easily and u can controvert her allegations in evidence produced by her.

Netravathi Kalaskar
Advocate, Bengaluru
3178 Answers
14 Consultations

5.0 on 5.0

When complaint was filed m, If few months back than settle matter amicably. Previous guidelines in 498a cases are withdrawn and now if she complains,  police will directly file FIR.

And till now no actual complaint registered so question of false complaint dose not arise 

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

You can file complaint of criminal defamation against your wife if she fails to withdraw false allegations made against you 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

You are advised not to file any case against her, on the issue of her moving a false and fabricated case against you in the Mahila Helpline. Rather you are suggested to file a petition seeking restitution of conjugal rights against her, in case you wish to sVe this marriage by calling her back to participate in the conjugal life.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

You can file a case for misuse of criminal provisions and court and police machinery. 

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

  1. If police hasn't lodged any complaint against you yet, then what action can you take? At best you can seek anticipatory bail. 
  2. On civil side, you can file a matrimonial petition for divorce

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1104 Answers
2 Consultations

4.4 on 5.0

only valuable reply to your problem have two options.....

1. Try to settle down the matter and live a happy life with your wife 

If that is not possible then..

2. Go for mutual consent

Going to police and filing complaint against each other will only waste your time and money......

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

Dear client 

As our Indian law is baised toward women in matrimonial disputes you will not be able to take any action against her accept filing of divorce case under section 13 HMA. 

My suggestion is that you should go for mutual divorce and give her 10 lakh rs if she is not willing to live with you. 

You have to move on in life.

Mohit Kapoor
Advocate, Rohtak
3598 Answers
1 Consultation

5.0 on 5.0

it depends upon what is written in enquiry report. For making false complaint to the police, the concerned police officee can register calendra under section 182. You can file divorce case as well on ground of cruelty

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

You can complaint to the Magistrate and then magistrate can turn that into FIR. 

But at the same time if you agree to leave her you can move to the court and file a divorce that will initiate the legal proceedings 

And let court find that when both are earning and can take care of one self then there is no need of dependency thus no money should be given. 

You can put your contentions before the court all allegations are false, laws are in favour of Girl but HIGH COURT AND SUPREME COURT is now turning in favor if Boys who actually suffer. 

It will be good if you approach good Lawyer. 

Amol Chitravanshi
Advocate, New Delhi
220 Answers
1 Consultation

4.0 on 5.0

1. As of now FIR has not been registered on her complaint. 

2. It has also not been proven that complaint is false. Unless you are acquitted or the FIR is quashed by the HC you have no cause of action to sue her for damages.

3. There is nothing that you should be doing at this stage.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Sir,

First you take anticipatory bail.and run the case. Or

Otherwise both are discussing and compromise the matter before the court or

Elders of your family members.

Thanking you

N M Shetty
Advocate, Hubli-Dharwad
15 Answers

Not rated

Even though she filed a false complaint, the police has not entertained her complaint. The police did not register FIR hence you may ignore that fact and can maintain the same status to refuse to pay her the amount demanded by her.

She is not eligible for maintenance amount since she is employed, hence you can straight away refuse to accept her demand and file a contested divorce on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

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