• How to protect from false 498a case

Hello, my elder brother got married 4 years ago. Both couples have disease which can be genetic because of which we counsulted from doctor before to plan family..doctor told us that my brother has low sperm count an he can not become a father..after one month his wife got pregnant. Since this instense we have faced so many problems..Now she is thretning us for false cases. How i can protect us from 498A section before she lodged it for us.
Asked 2 years ago in Family Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
1) who is the father of the un born child ? 

2) did his wife have any extra marital affair 

3) engage detective agency and gather evidence of his wife adultery 

4)record all threats received from wife 

5) you cannot stop your brother wife from failing 498A case 

6) you have to fight case on merits 
Ajay Sethi
Advocate, Mumbai
44326 Answers
2575 Consultations

5.0 on 5.0

Hi, As per the latest Supreme Court Judgement the Police will not arrest your brother immediately when wife has filed a complaint under section 498/A IPC. The police has to verify the genuineness of the Complaint and thereafter they have to issue a notice to your brother.

2. As and when you receive the notice you can apply for anticipatory bail and court will normally grant bail in offence under section 498/A IPC.  
Pradeep Bharathipura
Advocate, Bangalore
4530 Answers
202 Consultations

4.3 on 5.0

1) your father should move and obtain orders restraining his daughter in law from disturbing his peaceful possession of the house 

2) mention about threats received from daughter  in law 

3) daughter in law has no rights on property owned by in laws 
Ajay Sethi
Advocate, Mumbai
44326 Answers
2575 Consultations

5.0 on 5.0

1. You have nothing to worry. 498A is no more such threatening case anymore and getting bail is an easy job.
2. If you think that the child is not your brother;s then lodge complaint with police in this regard but do not cower under threat.
3. Since the lady is a working person she can not file maintenance case which will work in your brother's advantage.
4. Apply for stay on arrest once FIR is registered.
Devajyoti Barman
Advocate, Kolkata
12535 Answers
161 Consultations

5.0 on 5.0

1. Do not let his wife enter your parents' house. Seek an injunction, if required, from the court to stop her from entering it. If she succeeds in entering the house of your parents she will be able to take your parents also within the sweep of her nefarious design i,e to launch the false prosecution.

2. Your brother and all his family members should file for anticipatory bail to avoid being arrested.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

If you apprehend troubles if she would reside in your house instead of opting to reside with her husband in his house, you may better not allow her entry in the house, let she make any complaint with the police, you may even video record the incidences that takes place when she is forcing her entry in you house.  Also, if the property belongs to your mother or parents, let them take an injunction against her restraining her entry into the house stating that  it is not her matrimonial house nor her husband has any share in it and she intends to create evidences to foist false criminal cases against all the household members by opting to reside in the house. 
Despite that if she still manages to lodge a criminal complaint under cruelty and dowry harassment offences, against all of you people, it will be better to obtain anticipatory bail and challenge her false cases. 
T Kalaiselvan
Advocate, Vellore
34508 Answers
372 Consultations

5.0 on 5.0

1. It is not understood why your brother's wife's pregnancy has triggered your facing problem,

2. Pregnancy may take place even with lower sperm count or the medical test may be faulty. If you doubt the fatherhood of the child, you can conduct DNA tst,

3.However, audio tape her threat about filing false 498A complaint and lodge a police complaint against her for her giving such threat,

4. apply for and avail anticipatory bail with he support of your said police complaint, if she lodges any 498A complaint and contest the case fittingly.
Krishna Kishore Ganguly
Advocate, Kolkata
18157 Answers
438 Consultations

5.0 on 5.0

1.Lodge the police complaint as advised in my earlier post and after that file an application under order 39 rule 1 & 2 praying for an order up on her restraining her to enter in o your house,

2. Lodge a police complain or her  giving threat for trespassing in to our house also.
Krishna Kishore Ganguly
Advocate, Kolkata
18157 Answers
438 Consultations

5.0 on 5.0

Date of Reserve: September 05, 2008
Date of Order : September 30, 2008
CM(M) 105/2006
Neetu Mittal ...Petitioner
Through: Ms. Radhika Chandrasekhar, Adv.
Kanta Mittal and Ors. ...Respondents
Through: Ms. Nandni Sahni, Adv. for R.1 and 2
Mr. Devendra Singh, Adv. for R.3
1. The petitioner is aggrieved by an order dated 4th January, 2006 passed by
the learned Additional Senior Judge allowing an appeal of the respondent
against order dated 24.5.2005 of Civil Judge dismissing an application under
Order 39 Rule 1 and 2 CPC.
2. The respondents had filed a suit making petitioner, their son and in-laws
of the son as defendants wherein they prayed for permanent injunction. An
application under Order 39 Rule 1 and 2 was made that the petitioner and
other respondents be restrained from forcibly and illegally entering into their
house No. B-2/23, Phase-II, Ashok Vihar and from interfering with their
peaceful living. The petitioner is wife of Sh. Vikas Mittal son of
respondents, Smt. Kanta Mittal and Sh. Ram Kishan Mittal. 
3. The learned Senior Civil Judge while allowing appeal observed that wife
has a right to live in the matrimonial home after marriage but there was no
specific definition of matrimonial home. However, matrimonial home was
not just a building made of bricks and walls. It was a home/place comprising
of sweetness of relations of family members and elders, full of blessing. In
the matrimonial home, matrimonial rights and obligations are to be equally
observed. Practically speaking, the residence of husband should be the home
of the wife where both the spouses have equal right to reside.
4. The learned Senior Civil Jude found that in this case, the respondents
were parents of Sh. Vikas Mittal and in-laws of Neetu Mittal (petitioner).
They had separated from their son. The son had taken a flat in Rohini for his
own residence and residence of his wife. The son and his wife had agreed to
shift there on 10th May, 2005 under a compromise arrived at Police Station.
However, the wife did not stay in the flat at Rohini. Her grievance was that
flat was not habitable due to deficiency of fan, cooler, etc. Thereafter, she
asserted that she had a right to live in her in-laws' house in Ashok Vihar and
she wanted to forcibly live there which compelled respondents no. 1 and 2 to
file the suit. The learned Senior Civil Judge found that the respondents were
aged parents. They had shown by filing medical record that they were
suffering from various ailments and at this age of their life they have a right
to live peacefully at their home. Since the relations of petitioner were not
cordial with them, there was every likelihood of breach of peace to the
detriment to their mental and physical health. Due regards have to be given
to their rights. It was a admitted fact that the respondents and petitioner
could not live together under one roof with peace and harmony. The
common use of dining and one kitchen would create further problems and a
situation may come when parties may everyday land up at Police station or
in the Court, fighting on minor issues.
5. Learned Sr. Civil Judge also observed that the respondents(parents) even
apprehend danger to their lives and dignity, as per the complaint made by
them to the Police. Under these circumstances, the learned Senior Civil
Judge allowed the application under Order 39 Rule 1 and 2 CPC and
restrained the defendants (petitioner herein) from forcibly entering into their
house and disturbing the peaceful possession of the respondents.
6. Counsel for the petitioner argued that the petitioner being wife of son of
respondents no. 1 and 2 has a right to live in the matrimonial home and no
injunction could legally have been issued by the learned Civil Judge. She 
referred to Protection of Women from Domestic Violence Act, 2005 and
argued that the right of women to live in the shared household was to be
protected by every Court and the house of in-laws was a shared household
and a matrimonial home and she had a right to live there.
7. In S.R. Batra vs. Taruna Batra AIR 2007 SC 1118, Supreme Court
observed as under: “16. There is no such law in India, like the British
Matrimonial Homes Act, 1967 and in any case, the rights which may be
available under any law can only be as against the husband and not against
the father-in-law or mother-in-law. 17. Here, the house in question belongs
to the mother-in-law of Smt. Taruna Batra and it does not belong to her
husband Amit Batra. Hence, Smt. Taruna Batra cannot claim any right to
live in the said house. xxxxx xxxxx xxxxx 27. Learned counsel for the
respondent Smt. Taruna Batra has relied upon Section 19(1)(f) of the Act
and claimed that she should be given an alternative accommodation. In our
opinion, the claim for alternative accommodation can only be made against
the husband and not against the husband's in-laws or other relatives. 28. As
regards Section 17(1) of the Act, in our opinion the wife is only entitled to
claim a right to residence in a shared household, and a 'shared household'
would only mean the house belonging to or taken on rent by the husband, or
the house which belongs to the joint family of which the husband is a
member. The property in question in the present case neither belongs to
Amit Batra nor was it taken on rent by him nor is it a joint family property of
which the husband Amit Batra is a member. It is the exclusive property of
appellant no.2, mother of Amit Batra. Hence it cannot be called a 'shared
8. As observed by the Supreme Court, 'Matrimonial home' is not defined in
any of the statutory provisions. However, phrase “Matrimonial home” refers
to the place which is dwelling house used by the parties, i.e., husband and
wife or a place which was being used by husband and wife as the family
residence. Matrimonial home is not necessarily the house of the parents of
the husband. In fact the parents of the husband may allow him to live with
them so long as their relations with the son (husband) are cordial and full of
love and affection. But if the relations of the son or daughter-in-law with the
parents of husband turn sour and are not cordial, the parents can turn them
out of their house. The son can live in the house of parents as a matter of
right only if the house is an ancestral house in which the son has a share and
he can enforce the partition. Where the house is self-acquired house of the
parents, son, whether married or unmarried, has no legal right to live in that 
house and he can live in that house only at the mercy of his parents upto the
time the parents allow. Merely because the parents have allowed him to live
in the house so long as his relations with the parents were cordial, does not
mean that the parents have to bear his burden throughout the life.
9. Once a person gains majority, he becomes independent and parents have
no liability to maintain him. It is different thing that out of love and
affection, the parents may continue to support him even when he becomes
financially independent or continue to help him even after his marriage. This
help and support of parents to the son is available only out of their love and
affection and out of mutual trust and understanding. There is no legal
liability on the parents to continue to support a dis-obedient son or a son
which becomes liability on them or a son who dis-respects or dis-regards
them or becomes a source of nuisance for them or trouble for them. The
parents can always forsake such a son and daughter-in-law and tell them to
leave their house and lead their own life and let them live in peace. It is
because of love, affection, mutual trust, respect and support that members of
a joint family gain from each other that the parents keep supporting their
sons and families of sons. In turn, the parents get equal support, love,
affection and care. Where this mutual relationship of love, care, trust and
support goes, the parents cannot be forced to keep a son or daughter in law
with them nor there is any statutory provision which compels parents to
suffer because of the acts of residence and his son or daughter in law. A
woman has her rights of maintenance against her husband or sons/daughters.
She can assert her rights, if any, against the property of her husband, but she
cannot thrust herself against the parents of her husband, nor can claim a right
to live in the house of parents of her husband, against their consult and
10. I therefore consider that the order passed by the learned Senior Civil
Jude granting injunction does not suffer from any illegality and the petition
is hereby dismissed.
Ajay Sethi
Advocate, Mumbai
44326 Answers
2575 Consultations

5.0 on 5.0

Lodge a police complaint against her and inform the police that she's threatening you all for filing 498 a case. You may also file for mental harassment case against her. 


Adv. Payal
Payal Arora
Advocate, Pune
339 Answers
15 Consultations

4.1 on 5.0

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