• What if my wife files a false dowry case being a government servant

I would like to know how law deals with someone who files a false dowry case, especially when the person who has put the allegation is a government servant.
Asked 3 years ago in Family Law
Religion: Hindu

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10 Answers

If your wife files false dowry harassment case against you poluce would issue you notice to record your statement

 

apply for and obtain Anticipatory bail from sessions court 

 

3) it is immaterial whether complainant is govt servant or not 

 

 

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

You can file complaint of criminal defamation against your wife under section 500 of IPC if she has made false and defamatory statements against you 

 

if she is convicted of the offence it would invite disciplinary action against her 

Ajay Sethi
Advocate, Mumbai
99841 Answers
8148 Consultations

If she has filed a totally false criminal complaint and the accused is acquitted honorably with observation that the complaint is false, without any basis, a criminal complaint under Section 193 can be field by accused in the same Court adopting procedure  prescribed under Section 340 of Criminal Procedure Code, 1973. Panchayat of  offence  under Section 193 is imprisonment up to three years will all the consequences of  loss of employment.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Dear Client,

if the allegation put by a government officer is proved wrong, then it shows effect on their professional life also. 

Anik Miu
Advocate, Bangalore
11020 Answers
125 Consultations

The law is equal and common to all whether government servant or otherwise in this regard.

If your wife has filed dowry harassment case against you, it would be on you as an individual and not against the government servant. 

You can challenge the same as per provisions of law and on merits in your side. 

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

If she is a government servant or a non worker or private service employee, she has filed the said cases seeking reliefs for the grievances she suffered in the marital relationship with her spouse.

The dowry harassment case shall be  prosecuted by the police and not she .

She is just a defacto complainant in that case. 

If the case is dismissed by the trial court stating it to be a  false case then the accused can sue the police for malicious prosecution.

However if the accused is acquitted by the court for not proving the case with proper evidence, he cannot take any action against police in this regard

T Kalaiselvan
Advocate, Vellore
90043 Answers
2498 Consultations

There is no special treatment for a govt servant complainant. When she files it's better you take anticipatory bail to secure your family and you from arrest

Prashant Nayak
Advocate, Mumbai
34554 Answers
249 Consultations

The trial starts in these cases and if the person/ husband is declared innocent then he is acquitted.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If she has been proven wrong then there is no penalty imposed upon her automatically. People generally move on and don't file cases against wives.

But yes if one wants he can file cases against such a wife.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

- As per law, a wife having her right to approach the Family Court to file cases on the ground of dowry ,and cruelty.

- However, if she loose her case , due to no producing sufficient evidence in support of her allegation against her husband , then it will not have any impact on her ,if she is an government employee. 

- But , the husband is having his right to file defamation case against her. 

- Further , if husband is a government servant , then if wife wins the case of dowry under section 498A against the husband , then the husband may be terminated from the job. 

Mohammed Shahzad
Advocate, Delhi
15821 Answers
242 Consultations

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