Yes you can file the same after your acquittal
Defamation for false 498A and DV
I come from a middle class family and currently working in an IT company. I got married in Dec 2017 (under Special Marriage Act). Soon after the marriage I realized that they had lied to us about a lot of things just to get her married off. They claimed that she used to work as a teacher in college which I later found out was completely false and also claimed that she was highly qualified which I still doubt. Anyways, we didn't realize that they were lying until the wedding was over. Soon after the wedding. my wife started demanding money and new jewelry, and including that I start to financially supporting her parents too. When I declined, she started making trouble at home and started insulting and mentally torturing and humiliating me and my parents. She started throwing tantrums every now and then and breaking items in the house to create pressure on me and threatened me to file 498 if I didn't comply to her demands. My parents are very old and became very mentally stressed and started falling sick due to her mental torture. She used to frequently visit her paternal home for 2-3 days every week, and after only a month (Jan 2018 end) while being at her paternal home she called me and gave me an ultimatum, which I again declined. After that she filed for a false 498A and DV case against me and my parents to pressurize me, alleging that we had tortured her, demanded dowry and made her do household work. When in reality these were absolutely false and all work was done by 2 maids in my home. Soon after that, the police called me and asked to see them in the Police Station, which I complied immediately. Anyway, after this false case, I filed for divorce. Fast forward 7 years, I have been fighting the 498A case in court and now almost at the end of the case proceedings. During cross examination, she could not provide any evidence for her claims (since they was false anyway) and also the witness given by her and her parents were full of discrepancies since all of them were making up stories. However, my lawyer says that the case will be ruled in my favor since they couldn't substantiate their complaints with evidence and because all their statements were full of discrepancies from one another. In DV case, I am paying her Rs 20,000/- p.m as interim maintenance. I have already paid Rs 10 Lakhs and also she has all our jewelry worth Rs 15 Lakhs, still they are demanding Rs 50 Lakhs to settle. I have decided not to pay her a single penny in settlement due to her money craving nature and decided to fight out the case. I hope you can imagine how much mental stress me and my old parents have gone through all these years. So, I want to know - --- if there is any way I can file a criminal defamation case against her for filing false 498A and false DV (after 498A is won) ? --- If yes, what are the chances of me winning the defamation case ? --- once I win the 498 and DV can I use this as cruelty and get divorce ? Thanks.
Asked 6 months ago in Criminal Law
Religion: Hindu
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12 Answers
You can only file a defamation case, if she has defamed you in the following ways :
- Sent cops to arrest you at your residence.
- Gave a public statement to a local or national newspaper or channel
- Printed any sort of defamatory article and distributes it to the masses.
If any of the above criterion is met, then you can indeed file defamation case, as long as you have been acquited from the case.
In most cases, this rarely happens as the women who file false cases know that if it becomes an nationwide sensation, people will discover the truth and she will be lynched by the masses.
So, women usually keep it between courts and police, so as to harass you.
Thus in the above circumstances, a criminal defamation case would not be maintainable.
However this comes under acts of cruelty hence you can get divorce on the grounds of cruelty citing the acquittal as reason.
1) you are at liberty to file criminal defamation against your wife after you have won 498 A case
2) you would have good chance of winning defamation case
3) you can file for divorce on grounds of mental cruelty
1. Against a 498A case no case for defamation lies. Only after its dismissal case for malicious prosecution can be filed.
2. However if there is independent cause of action for defamation then the same cane be filed and the outcome of the same would depend on merit of the case.
3. Case for divorce has not own separate cause of action and you cna file and get success even before 498A case finally decided.
Hello,
From the current facts, it appears that the cases filed by your wife may not stand legal scrutiny and are likely to be decided in your favour. Do not succumb to any pressure or unjust demands at this stage. Once favourable orders are passed, you may consider initiating a defamation suit and also file for divorce on the ground of cruelty, based on her conduct.
Hope this helps.
Regards.
Dear Sir,
Your plight is really heart-rendering. At this stage, my sincere advice to endure all the things and be a winner always in all walks of life. In case of 498A/DV case, if the same is found false, the court itself is supposed to take action and start defamation and compensation case against the complainant. Besides, you may also do the same by filing appropriate application, if the court is just dismissing her case. Further, your win in 498A/DV case is sure a certificate of your innocense and cruelty by her. You must use the same in Divorce case.
Given the facts you’ve presented, here’s a structured legal analysis of your options
1. Filing a Criminal Defamation Case (IPC Section 500)**
**Yes**,
you can file a **criminal defamation case** under **Section 500 IPC** against your wife and her family **after you secure a favorable judgment in the 498A/DV case**.
- **Requirements for Defamation**:
- The false allegations must have harmed your reputation.
- The accusations were made maliciously (with intent to defame/extort).
- You can rely on the **court’s findings** (if the judge explicitly states the case was false/malicious) to strengthen your defamation claim.
**Chances of Winning**:
- **Strong if**:
- The court dismisses 498A/DV cases with observations like "false," "frivolous," or "malicious."
- Witnesses perjured themselves (contradictions in statements).
- You can prove **actual harm** (e.g., reputational damage, mental agony, career impact).
- **Challenges**:
- Defamation cases are **harder to prove** than 498A (subjective harm).
- Courts often hesitate to punish women in such cases unless there’s **clear malice**.
- The process could be **protracted**, but since you’ve already fought for 7 years, you may pursue it on principle.
**Strategy**:
- Wait for the **judgment in 498A/DV** to explicitly call out falsity.
- File a **separate complaint** under **Section 500 IPC** (or a **private criminal complaint** if police refuse to register an FIR).
- Consider adding **Section 182 IPC** (false evidence) if witnesses lied under oath.
2. Using 498A/DV Dismissal as Grounds for Divorce**
**Yes**, if you win the 498A/DV case, you can use the **false allegations + harassment** as grounds for **divorce under "cruelty" (Section 13(1)(ia) of the Hindu Marriage Act/SMA)**.
- **Legal Precedent**:
- Courts have held that **false criminal cases** (498A/DV) amount to **mental cruelty** (see *K. Srinivas v. K. Sunita*, 2014 SC).
- Your wife’s **extortionist demands** (Rs 50L settlement) further strengthen this claim.
**What to Do**:
- Ensure the **498A/DV judgment highlights falsity**.
- File a **fresh divorce petition** (if not already pending) or amend existing pleadings to include **judicial findings of false cases**.
3. Recovery of Jewelry/Interim Maintenance**
- **Jewelry**: File a **recovery suit** or include it in the divorce settlement.
- **Maintenance**: If the DV case is dismissed, you can **seek refund** of interim maintenance (though courts rarely order this; focus on waiving future payments).
**Key Recommendations**
1. **Wait for 498A/DV Judgment**: A strong dismissal (with observations on falsity) will help both in defamation and divorce.
2. **Document Extortion Attempts**: Save all evidence (messages, settlement demands) for defamation/cruelty claims.
3. **Counter-Litigation**:
- File **defamation** after 498A/DV dismissal.
- Use the same judgment to **expedite divorce**.
4. **Psychological Impact**: Consider a **medical/psychological evaluation** of your parents to prove mental trauma (supports cruelty claim).
### **Final Outlook**
- **Defamation Case**: 50-70% chance if the court explicitly condemns the false case.
- **Divorce on Cruelty**: High chance (especially if 498A/DV is dismissed).
- **Settlement Avoidance**: Your stance is legally sound—fighting is better than yielding to extortion.
Stay strong and ensure your lawyer leverages the **contradictions in witness statements** aggressively. The legal battle is tough, but the tide seems to be turning in your favor.
Dear Client,
Yes, you can sue her on criminal defamation in under Section 356 of the BNS(Bhartiya Nayay Sanhita, 2023).
How it will work in your favor: Lodging a false 498A case and a false DV case, in which torture, dowry demand and household work of your wife (when you had maids) are alleged, would surely damage your reputation and that of your parents. They are grave accusations that can damage a reputation in the society, career-wise and individually.
Once you win the 498A and DV cases will be very strong reasons that you will be granted a divorce on the reason of cruelty. Special Marriage Act, 1954 - Section 27(1)(d) (Cruelty): Under this section either of the parties may file a petition seeking divorce on the basis that the other party has been treating the petitioner with cruelty.
Section 27(1)(d) states that: Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the district court either by the husband or the wife on the ground that the respondent―has since the solemnization of the marriage treated the petitioner with cruelty;
Focus on Winning 498A and DV: Your immediate priority should be to secure favorable judgments in the ongoing 498A and DV cases. Work closely with your lawyer to ensure every discrepancy is highlighted during cross-examination and all your evidence is properly placed on record.
Use Judgments for Divorce: Once these judgments are in your favor, they become your most potent weapons in the divorce proceedings.
Consider Defamation: You can file the criminal defamation case after winning the 498A case. Counsel the strategic timing with your lawyer. It can be won but it is another long process. The main aim is usually to obtain divorce and cleaning your name.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
- During the trail a defamation case is not maintainable and only after winning the said cases you or your parents can file this case against her.
- Further, your mother can also file a compliant under the provision of DV Act against her daughter-in-law for harassments meted to her after involving in false case.
- Further, Supreme Court in the matter of K.Srinivas versus K.Sunita . held that if a false criminal complaint is preferred by either spouse it would undoubtedly constitute matrimonial cruelty and would entitle the other spouse to claim a divorce
- Hence , filing of these cases by her on false grounds can be a ground for divorce.
1. Yes, at the outset you can file a police complaint against her for lodging/filing false complaint/case against you knowing very well that those are false complaints/case.
2. You can also file defamation case after receiving the Judgement/Order passed against her in those cases she had filed against you.
3. Your mother can also file a DV case against her.
4. For winning 498a cases, the best way is to collect audio/video recording of wife's threatening to lodge/file false complaint/case.
5. After her allegations are proved to be false by the Judgement/Order of the Court it will become easier for you get the decree of divorce on the ground of her proved cruel acts against you and your parents.
- A civil case of malicious prosecution after clear acquttal in 498A case claiming compensation for metnal harass and loss of reputation.
- Criminal complaint can be filing for giving false affidavit only after getting clear acquittal.
