• How to defend against 498A

I have a feeling that my ex-wife will file a 498A case against me. Please suggest how to defend myself against Section 498A.
Asked 2 years ago in Criminal Law from Adilabad, Andhra Pradesh
You can give a complaint in the police for threatening you.take anticipatory bail from high court or sessions court. Keep ready all evidence defending you and against her keep a ready a witness to defend you.if she files immediately file a petition in the high court to quash the same with evidence and proofs saying it is false case.call me through phone consultation will explain you if you have any doubts.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
By saying TALAK I can understand that you are muslim.  In Muslim religion husband will get the divorce easily by spelling the words TALAK three times and attested by their Qaza. Once you get the divorce, there is no question of filing 498a or any related cases.  Your wife can file maintenance case and as per your law, the maintnenace will be given only for 3 iddat period. Not more than that.  Pay the maitenance.
Ravinder Pasula
Advocate, Hyderabad
316 Answers
68 Consultations
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1. You can give her Triple talaq in presence of Quazi and 2 witnesses.
2. It would save you from case under PWDV Act
3. If case u/s 498A is filed against you nothing to worry.
4. You can apply for bail and after passing of recent SC decision getting of bail is more easy now and getting arrested is more difficult now.
5. Once bail is granted the case u/s 498A IPC loses all its sheen.
Devajyoti Barman
Advocate, Kolkata
5137 Answers
54 Consultations
4.9 on 5.0
Instead of pronouncing talak it is better to file a case for nullifying your marriage on the ground of threatening mental cruelty and harassing then only you will get legal sanctity for your separation. Or you can pronounce talak in 3 occasions or thrice at once.lodge a police complaint for threatening you against her and her family take recording of the threat and produce befor police and court.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Hi
you should give talaque and intimate it her via kasi/ maulavi. The talaquenama should be signed by witnesses.once the talque is given she should be provided with mehar amount ,and her "idat period "maintenance for three months.
 If she has not filed the complaint now, later on after the talaque she will not be able to do that and you will be safe.
In case there is a  complaint filed by her and You apprehend an arrest , apply for anticipatory bail. Do not bow before her threat. Know your right under sharia law. unlike victims other religion You have protection from your law and for muslim talaque is almost an end of all legal issue.especially when no kids
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. I differ in opinion,

2. Divorce by pronouncing triple talaq without any fault of the wife is illegal as per sariat and no quazi will agree for that,

3. First of all fond a valid reason for divorcing her by pronouncing Talaq thrice,

4. The reason shown by you is not acceptable eason fore divorcing your wife,

5. However, as an antidote to her complaint u/s498A, keep very good rapport with your local police station to ensure that they inform you the FIR no. if your wife files any FIR against you under the said section,

6. Once you get the FIR No., aply for anticipatory bail and contest the case accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
Dear Querist
If you are not ready for this marriage then you can informed the girl before the marriage now due to the reason as you mentioned in your query  talaq can not be valid. Try to settle the matter amicably if possible otherwise she may file the cases against you and your family under section 12 of domestic violence act
Under section 498A / 406 of ipc against you or your family 
Maintenance case under section 125 of crpc against you before family court. 
So as per my opinion for your safegaurd, try to save the marriage.  Think about her life too.
Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
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1. That ' I do not like my wife'' is not a ground for divorcing by way of pronouncing triple talaq on her. Triple talaq cannot be given without any rhyme or reason. There has to be a legally valid ground for pronouncing talaq. 

2. She can file a case under section 498A at any time. In the even that the case is lodged against you, you may be arrested by the police in pursuance of investigation. She may name even your family members in her complaint. Apply for bail as soon as the case is registered so that you do not suffer the ignominy of arrest.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
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Dear Client,In that case you should inform the Higher Authorities about all of that and also take Anticipatory bail for that matter if feel free then contact us.
Advocate Anurag Bhatt
Allahabad High Court.
Anurag Bhatt
Advocate, Allahabad
83 Answers
1 Consultations
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dear client, the reason given by you for talak is not valid, but you can go for it mentioning other valid reasons. but one thing I want to ensure you that as per new guidline decided by supreme court in shabanas case she can ask for maitenence through her life if she does not remarry.so I advice to settle issue amicably. for brief you may call me
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
Hello,
If you can cite a more viable reason than that you don't just like your wife you may proceed with pronouncing talaq and get the quasi to attest the talaqnama and that will put the matter to rest and save you from the consequences of the case under 498A.
However you will be still liable to pay maintenance to her during 3 iddat periods.

It is possible that she has already approached the police and therefore be prepared with anticipatory Bail to avoid possible arrest.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
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not to worry,every problem has a solution,contact me if you come across any issue
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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