• IPC 498a, 406/34

My wife put a case on me Under the following IPC, we don’t have any child. And whatever she right the complainant is all fake. 

What should I do to get rid of this?
Asked 5 years ago in Family Law
Religion: Muslim

3 answers received in 2 hours.

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13 Answers

Apply for and obtain Anticipatory bail from sessions court 

2) poluce would issue notice to record your statement 

 

3) carry out investigations and file charge sheet 

 

4) you have to contest false case filed against you 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Challenge the false dowry FIR/case instituted against you by your wife in the High Court and seek a quashing of this case.

 

Contact a local lawyer in your hometown in India. 

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

- If FIR already registered under the said sections , then firstly you should try to get anticipatory bail from the session court .

- Further , if you think and having sufficient proofs against her allegation , then approach the High court for quashing the FIR . 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

Since she has given  false complaint to the police and the police have registered FIR on the basis of her complaint, it becomes your duty to obtain anticipatory bail and then challenge her false case in the trial proceedings. 

First you obtain AB and then plan either to challenge the case in the trial proceedings or to file a quash proceedings before high court to quash the FIR. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Since FIR is registered your first task is to apply for anticipatory bail. 

Once bail is granted wait till charge sheet is submitted after which you can go for quashing. 

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

File an anticipatory bail application immediately in the district court. 

Then face trial or go for quashing of the charge sheet.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Initially get the AB from court who ever names from your family are involved in the 498a section.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. Either apply for anticipatory bail or file a petition for quashing of FIR and seek stay on the FIR.

2. Unless the FIR is perused threadbare nothing can be said.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Hi, First you have apply for anticipatory bail and thereafter you can file a Petition under Section 482 before the Hon'ble High Court for quashing the FIR.

Pradeep Bharathipura
Advocate, Bangalore
5625 Answers
339 Consultations

Dear sir,

Please consult a good local advocate, discuss the case in detail and strategize accordingly. We will be able to help you properly if you share the documents of the case. 

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

you need to go for quashing before HC or go for discharge before trial court in the said matter. You need to contest the same on merits.

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Immediately file an anticipatory bail and when you got the bail then fight the case on merit and try to win the case.

 

or

 

settled the matter with her and go for a mutual consent divorce 

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Unless and untill you defend yourself, it would be difficult for you to prove your innocence.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

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