I understand it has become a fashion for a disgruntled wife filing false cases like 498a, dv, Unnatural sex etc are more for harrasment and intimidation of husband and relatives. Considering these cases are a false : 1. Why police do not investigate these cases, when the offence is serious? 2. What is the natural way of progressing these cases, how long do they take. 3. On what basis the case is dismissed or you get acquittal? Is it because sufficient time has passed and there was nothing Proven against you? 4. Is onus of providing innocence on husband? 5. Also why courts don't ask for specific date, specific time and place where the crime took place, like other criminal cases?
police are supposed to investigate and file charge sheet
2) if no offence is made out police are supposed to file closure report
3) however in reality hardly any investigations are carried out because they are over loaded with cases
4) if prosecution fails to prove allegations beyond reasonable doubt you would be acquitted
5) in 498 A case detailed particulars are necessary
First of all you have to take A bail (Get an Anticipatory Bail) and quash the 498a and DV cases raised against you.
Later on you have prove that all 498a and DV charges are raised false against you. If 498A allegations are proved in the court then your wife and her family has to face huge consequences.
Plus you can file additional Defamation case against all of them.
1. The police will file the charge sheet only after investigation is completed.
2. If you are one of the accused, you can challenge the false allegations in the trial proceedings and get them nullified during cross examination.
3. There are various reasons for acquittal which will depend on trial proceedings.
4. The burden to prove the allegations falls on the prosecution.
5. The court will conduct the trial proceedings only, it is for the prosecution to the case and it is the defence side to defend their interests by nullifying the charges in the trial.
1. As per law, the police is bound to investigated in the matter and to file the final report/charge sheet before the Court .
2. The husband can approach the High Court for quashing the FIR under section 498A , if he having evidence that the cases are false and has filed malafidely.
- Otherwise trail court can take much time to finalize the outcome of the case.
3. Husband can produce the evidences before the court at the time of cross examination for dismissing the cases
4. The wife will have to prove her case against the husband.
5. These all can be taken at the time of cross examination
1. You can seek your remedies if you feel police is not investigating
2. It may take long as in Indian legal system time frame can’t be decided
3. you can go for quashing or you can get acquittel after trial
4. No
5 it goes with the Normal procedure
Dear client,
In India, false cases or false complaints filed by either the husband or the wife are a matter of concern. However, it is essential to remember that not all cases filed by the wife are false, and it is not a matter of fashion.
To answer your questions:
The police should investigate any complaint lodged, irrespective of whether it is true or false. However, it is important to note that it is not uncommon for the police to be biased and take sides, which can lead to wrongful arrests.
The natural way of progressing these cases is through the legal system. The duration of the case depends on various factors such as the complexity of the case, availability of witnesses, and so on.
The case can be dismissed or the accused can be acquitted if there is not enough evidence to prove the charges against them. The burden of proof is on the prosecution, and they need to prove beyond a reasonable doubt that the accused is guilty.
The onus of providing innocence is not on the husband or the accused. It is the responsibility of the prosecution to prove guilt beyond a reasonable doubt.
The courts do ask for specific details such as the date, time, and place where the alleged crime took place. However, it is important to note that cases of domestic violence and sexual harassment can be challenging to prove, as there may not always be witnesses or physical evidence.
