• Counter Case against False 498a and its timing?

My wife has filed a complaint against me in CAW (498a). One counseling session has taken place and the CAW cell tried to reconcile but my wife has decided not to cooperate. She has simultaneously filed CRPC 125 for maintenance hiding all her education and work details. The wife's family is now asking Rs 45 lakh to settle the matter as a onetime settlement alimony. We have a recording from them stating because we dint cooperate with them they decided to file a complaint against us. 

498a is yet to be registered, can I file a counter case before 498a is filed? (or wait till 498a and charge sheet is filed?) We both live in different states and hence using women-centric laws they are harassing us? is there a way for us to bring them to our city courts? if yes, under which sections? Also, as she has filed CRPC 125 hiding information from the court, can a case of Perjury 340 be filed at this stage? 
What are the cases I can file against her and her family so that they decide to settle the matter too? They are confident that I can’t do any case against them. So, I would like to request suggestions on sections I can file and what should be the right time to counterattack.
Asked 4 years ago in Family Law
Religion: Hindu

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5 Answers

Dear Sir,

  • The counter case can only be filed after one gets acquitted with the court stating that the case was false so you can't file before registering the case and acquitted by court.
  • You can file a application for false allegations after the FIR have been filled by her.
  • You can file an application under section 25 of cpc which empower supreme court to transfer the case.
  • You can also file an application undersection 406 crpc if it involves domestic violence also
  • You can file for special leave petition under Article 136 of constitution of India.
  • Yes you can file Perjury section 340 with relevant section under Ipc taking help of you advocate and contest application made under Section 125 crpc for maintenance.
  • You can ask her for not hiding documents of education and work and maintain herself. You can sue her for making false allegations and for cruelty and mentally harassing for not paying alimony to her. The right time for counter attack and showing proofs is when the charges are filled against you. 

    Thank you

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1) wait till 498 A case is filed 

 

2) apply for and obtain anticipatory bail from sessions court 

 

3) you can file case of perjury under section 340 cr pc if wife has made false statements on oath 

 

4) it has to be filed in same court wherein false statements were made 

 

5) you can file case of defamation against your wife under section 500 IPC if she has maligned your reputation 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Legal proceeding is not a game of sports involving attack and counter attack. Law gives certain rights to all and imposes corresponding duties. You right not to be abused, attacked or killed. Others have duty not to abuse, attack or kill you. If you are abused or attacked file cases under Section 506, 323, 324, 325, 307 etc. of Indian Penal Code, 1860. If you abuse, attack, harass, commit cruelty, demand dowry she can file cases against you. Just because she filed cases, you cannot file cases against her. It will only prove that you are scheming.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

You cannot file any case against them even a counter case just for the reason that they filed the 498a case against you people, even if it is registered later on.

Further you cannot bring her cases to your city courts for any reason.

If you feel that she has suppressed the vital information about her earnings or employment in the petition filed under section 125 cr.p.c. then you may have to prove it before court especially if she has lied about her in the sworn affidavit filed before court, after that only you can file a perjury case against her for lying on oath before court.

If you are not agreeing for her demands for huge amount for one time settlement, you need not admit her demands, refuse it and challenge her cases properly in the trial proceedings.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yo can file a counter case in 498 A only if its pertaining to different cause of action. If you want to file defamation and other proceedings you need to wait till the said 498 A case is completed decided and you are acquitted and furthermore no appeal is filed

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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