You can rely upon what’s app messages to prove that no dowry was demanded
2) wait for police investigations to be completed and charge sheet filed
3) file for discharge before trial court
4) quashing is done only in exceptional circumstances
Can I fight fake 498A by my wife
We got registry married (Spcl Hindu marriage act) in November 2015. From the day of marriage, the problem started. My wife and her family asked for expensive gifts otherwise their image would get down to the society. Though there was no one other than our two families for both sides. The problem was come so big I left their house, booked a train ticket and came to my home (600 km from my wife's house) with my father (my only parent). and my wife stayed at her house separately. After few days we made a short trip to a tourist place and stayed for 2 days in order to solve the problem of understanding. But didn't work. Still, I was hopeful for the relation and preparing for the social marriage. Finally, in December 2016 the relation came to an end. and we broke the relation and other communication with each other. In 2019, I applied for divorce (on going case )and she applied for IPC 498A. She complained we asked her dowry, which is totally a lie. Whereas she never came to my house as a wife and we stayed only 2 days in a hotel as a husband and wife. as evidence, I have train tickets where is only my name on the day of marriage. Many WhatsApp chats where she mentioned we didn't ask dowry and the conversation proves that she didn't come to my place. Please let me know how to proceed? Is there any law to fight against the fake 498a? Thank you in advance.
Asked 4 years ago in Family Law
Religion: Hindu
14 Answers
You can go for quashing in HC if the same is fake on merits
A petition for quashing the fir must be filed in the high court. Expedite the divorce proceedings. Moreover, try to settle the matter and ask them for a mutual consent divorce.
Dowry demand can be made by the husband even without she visiting the matrimonial house.
You cannot take shield under this ground to protect your interests in the criminal case.
You may challenge the false case on merits and can nullify her allegations in the trial proceedings only
- As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, If wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- Since she has already lodged an FIR , the firstly you should take anticipatory bail from the session court
- Further , if you having grounds in your favor, then you can approach the High court for quashing the said FIR under section 498a.
You can contact me, if further suggestion needed.
Dear Client,
The foremost important ingredient in this case is nothing but PROOF. You must keep the necessary pieces of evidence to protect yourself from such harassment.
Thereafter, you may file a petition for quashing such falsely claimed allegation and apply for a mutual consent divorce. The Hon'ble Court may, upon finding a suitable valuation to the falsely alleged case, dissolve the marriage.
Thank you.
Yes, I took bail from the lower court, and I didn't get any charge sheet. Can I do a defamation case against my wife with the existing evidence (Whatsapp texts )? And If I apply in my district (600 km from her house), do she need to visit to my local court? (Because the divorce is taking place in her district court and I need to visit sometime.) Thank you for your valuable comments.
Asked 4 years ago
A defamation case can only be filed once the charges against you are dismissed. Then only you should file it otherwise it would get dismissed.
Yes she has to come to your place if you file a defamation case.
File a transfer application in the high court to transfer the divorce case either in your district or some place where it is convenient for you both.
You are at liberty to file complaint of criminal defamation against wife under section 500 of IPC
file it in court where 498 A case is pending
it has to be filed where cause of action has arisen
wufe will have to attend court
Dear Client,
You can not file a defamation case against your wife with this evidence as per section 499 of the Indian Penal Code.
Thank you.
Yrs you can do defamation but only after you her acquitted from the said offence
You cannot file a defamation case before you confirm that the messages what she has spread are false and intended to defame your name and fame or spoil your reputation.
Defamation case not maintainable on the basis of the whatsapp chat messages.
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the person or entity who is the subject of the statement.
- Only on the ground of watsup message , a defamation case not made out.
- yes, you can file the said case from your district
- If she will not appear before the court then court may pass ex-parte decree in your favour.
1. Has FIR been registered based on the complaint lodged by your wife u/s498a of IPC?
2. If yes, then you shall have to avail anticipatory bail from the court first and then contest the case fittingly.
1. After charge sheet is filed by the police, file an application before the High court praying for quashing the FIR.
2. After the FIR is quashed by the High Court, you can file a defamation suit against your wife and also can lodge/file a complaint/case against her alleging that she has lodged the false complaint to cause damage to you, knowing very well that the complaint being lodged by her was false.