• DVC, MC, and 498a filed

Hi sir,
My wife filed false 498a cases against my family in 2019 & DVC & MC case also filed. We have taken anticipatory bail.the case is running in court now. Now she want to come back by using counseling method from magistrate. Please help me on this. Do I need to bring her back and what need to do.
Asked 1 month ago in Family Law
Religion: Hindu

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17 Answers

Dear Sir,

To counter with this, you need to gather all the evidences to prove that your wife is doing all this to extort money and nothing else. 

  • 498 A is a cognizable offence and hence, the police can arrest you without an order as under Section 151. 
  • you need to record all the voice calls, phone conversations, etc.

Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years.

A counter lawsuit can be filed by the man under Section 500 (Defamation) of the Indian Penal Code, 1860 for defamation. A case under this section can be filed in case a woman tries to malign the image of her husband and his parents by falsely accusing them under this section and dragging them to court or jail.

Recently, the Supreme Court had ruled that even a single false dowry complaint against the husband and in-laws was sufficient ground for courts to grant decree of divorce to annul the marriage.

 

What to do if a False Domestic Violence and Dowry case is registered against you

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. Both are detailed below.

 

Defensive

You can defend yourself and your family from being sent to jail because of the false complaint. You have following options to defend your family and yourself-

Collect as many pieces of evidence as possible

  • Record all conversations (voice, chat, email, letters, etc.) with those threatening and keep the originals in a safe place. It is advised not to produce the original evidence before anyone.
  • Collect evidence to prove that you have neither demanded dowry nor have taken it anytime.
  • Collect evidence to prove that she moved out of the bond of marriage for no valid reason.
  • This evidence will be fruitful in the time of getting anticipatory bail or notice bail from the court.

Safeguard your Family

There are hundred of cases where the whole family is put behind the bars just because of one false complaint. Section 498A has a very wide jurisdiction under which the women can complain against anyone in the family. Even the mother and the father of the husband are not immune. In such a situation the husband can do the following to safeguard his parents and other family members –

  • Once the FIR is lodged, the man can apply for anticipatory bail or notice bail so as to ensure that the innocent family members are not going behind bars without any just cause.

How the case turns out would totally depend on which state the case is lodged. Different states have different mechanisms to deal with the problems of false cases.

  • For example, in Delhi, Punjab, Haryana and Rajasthan the complaint would first be referred to CAW Cell (Crime Against Women Cell)/ Mahila Thana). Where attempts would be made for Settlement between husband and wife. And if no settlement is reached, the case would be converted into FIR. At this stage or even before, you can seek Anticipatory Bail or Notice Bail for all your family members to protect them from arrest.
  • In Uttar Pradesh/ Uttranchal, the FIR would be promptly registered but you would get 30 days to settle the case in mediation centre. By which time most people obtain stay on the arrest from High Court.

Complaint about blackmailing, false allegations

Lodge a complaint to your nearest police station, detailing about blackmailing, her false allegations, and her unbearable behaviour. Request in your complaint that police should take necessary actions to stop her from making threats and abuses immediately, also tell the police verbally and in writing along with available evidence that you are facing blackmailing and threats and mental torture from your wife and/or her family, as the case maybe. Filing such a complaint early on can save you from a lot of trouble later on if you are the first one to file this.

Drawback of this move

  • Police don’t easily write down the complaints of men. Also, how the complaint is drafted is critical. This is why consulting a good criminal lawyer with experience in such matters before approaching the police is a good idea. Get your complaint drafted by a trial lawyer if possible. If police the refuse to register the complaint, seek the help of a lawyer again. They will be able to make the police register the complaint.
  • Police itself sometimes provoke the wife to register a false complaint against the husband, the reason being the greed of taking bribe later.

Do not enter into a Settlement with your wife

  • If you have to compromise, do it without paying any money. By paying her money you will indirectly accept the blackmailing and guilt. Your act will encourage fraudulent women to do more blackmailing.
  • Despite all this, if you decide to pay and compromise then do not pay all the money till High court or Supreme court have given the final order of compounding the IPC 498A and all offence including the divorce decree. This is where your lawyer’s role in negotiations will be critical. You should get the settlement conditions agreed by both parties in writing (in the same agreement) including her and her family members. Also get them to file A court statement under IPC-156 that they will not challenge this order in higher courts and that they will take back all the cases filed against you and all your relatives in all the courts. They should get the final instalment of money after all cases and proceedings are withdrawn and closed.

Raise the issue of false complaint

Start writing letters to the media, human rights organizations, etc, telling them about the misuse of Section 498A. Use social media platform for reaching the mass. This will not give you legal relief but bring the attention of the society toward the misuses of the law.

 

How much maintenance allotted to woman under 498a?

IPC 498a is section 498a of Indian Penal Code (IPC) dealing with cruelty to wives by husband or relatives.  The kind of cruelty should be of such nature that it would drive a woman to suicide.  It DOES NOT say anything about maintenance of wives by husbands.  Criminal law is NOT meant to give compensation or ongoing payments to victim(s), that would be illegal under Indian law because it would be in the nature of blood money.  So if she wants to file 498a and expect to get Rs 50,000 per month for the rest of life from husband, forget it! but in case she gets the divorce, she can claim maintenance but not the share of your property.

“Generally, it's 1/3rd to 1/5th gross earnings of the spouse who has to pay when it's a lump sum alimony and not more than 25% of husband's salary as monthly maintenance as per a Supreme Court judgement.

The spouse with less income or no income can get a maintenance amount which is equal to 20% to 30% of the total monthly income of the other. As per the judgment passed by the Supreme Court, alimony amount should not exceed 25% of the husband's income. The aforesaid limit is applicable in case of monthly payout.

 

After divorce, the lady is entitled to receive the maintenance till she marries again”,

 

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review.

 

Anik Miu
Advocate, Bangalore
515 Answers
3 Consultations

5.0 on 5.0

You can get an undertaking from her to withdraw all the cases filed against you and then to rejoin you provided she doesn't repeat the past undesirable episodes of resorting to file false criminal cases. 

No doubt the 498a IPC case cannot be withdrawn by her,  for that she has to cooperate with you by filing an affidavit expressing her no objection to the quash petition you may file before high court. 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

You cannot be forced to stay with your wife 

 

2) you can agree fir reconciliation provided wife withdraws false DV case and MC case filed against you and agrees to cooperate in quashing of 498 A case filed by wife in HC 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

 

Marriage in India is regarded as the institution of unification of a girl and a boy to acclaim the social status in the society. One of the most sensitive areas while dealing with conflicts or disputes arising in a family, specially, in a marital relationship, is the conflicts arising with the in-laws. Strained relationship between the spouses can also be a result of conflicts between one of the spouses with the in-laws.

In order to protect the institution of family, disputes in the family or a marital relationship which can be repaired must be mediated and settled by sewing and patchwork rather than simply cutting off ties by going to the court of law and separating from each other. Mediation is the most effective alternative dispute resolution strategy in cases relating to family and matrimonial disputes.

A family dispute is not just a matter of law and facts but it is also a matter of the feelings of the parties to the dispute. If you want to save your marriage then try for mediation. Otherwise leave it and try to escape from the marital relationship as early as possible.

If she is ready to come back then settle all the battles and file quashing petition before high court for quash the 498A case.

 The lack of proper communication, misunderstandings, hormone imbalances , egos etc.. are made much troubles in spouses . So better both of you visit a marriage counselor or physiologist for counseling.

Ajay N S
Advocate, Ernakulam
3734 Answers
79 Consultations

5.0 on 5.0

It's not compulsory counselling works only if both are willing

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

Well, unless and until your wife wants the court or counsellor can not help you to bring her back.

So after taking bail take help of your relatives to broker peace between both of you.

Then meet her in person to melt the ice.

Good luck. 

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

Counselling can be done if you both want to live together. If you don't then counselling is just a formality and in case mediation fails the case will go on.

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

You will have to pay maintenance as per court orders

 

it may be from date of filing application for maintenance 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

It is to be paid from th date when the court so directs.

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

Dear sir, 

You can contest with the proceedings. 

You need legal assistance in this regard. 

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review.

Anik Miu
Advocate, Bangalore
515 Answers
3 Consultations

5.0 on 5.0

If it fails then you need to challenge the lower court order in higher court or pay the same

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

- If  she is interested to live with you , then amicable settle the matter with the help of mediation , and enter into an agreement/MOU, to withdraw the cases filed by her . 

- Yes, if mediation fails , then she can claim arrears of maintenance from you , if the interim maintenance has already allowed to her by the court. 

Mohammed Shahzad
Advocate, Delhi
6267 Answers
64 Consultations

5.0 on 5.0

If counselling fails, then the case will revert to the trial court.

The trial court will proceed with the case as per law.

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

Dear Querist

If she is not able to maintain herself then yes, you have to pay maintenance to her from the date of filing the complaint/petition/application for maintenance.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5912 Answers
281 Consultations

4.9 on 5.0

Its better to mend then to break. If your marriage isn't revertible then you may not agree to bring her back. However, if it is revertible then set up terms in a Memorandum of Understanding to bring her back. make sure that you mention in that MOU that she has to "unconditionally withdraw" the DV, MC and 498A cases filed by her against you and your family members and give the copies of such withdrawal orders to you before resumption of conjugal rights with you. Make sure it is written in the MOU that she is agreeable to the terms of the MOU without coercion, undue influence and with her free will and whims. 

Pooja Ashar
Advocate, Ahmedabad
185 Answers
2 Consultations

5.0 on 5.0

Yes if the court will order the payment of maintenance amount you shall be liable to pay the amount to your wife. 

Garima Anil Mehrotra
Advocate, Mumbai
512 Answers
1 Consultation

4.9 on 5.0

Hi, If you are ready and willing to take back her then you can take back her. Otherwise you can refuse to take back her.

Pradeep Bharathipura
Advocate, Bangalore
4985 Answers
258 Consultations

4.5 on 5.0

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