How A Husband Can Deal With False Section 498A Case Filed By Wife?
While India is said to be a male-dominated country, laws are more favorable towards females. Domestic Violence has become widespread issue in India and to the extent that own house is not safe for the spouse. Protection of Women from Domestic Violence Act, 2005 is meant to safeguard the women from domestic violence. We have seen drastic rise in the number of violence cases during this lockdown period. However, it is being also noted that women have misused these provisions for settling the score against the husband and family.
Let us understand the remedies available to a husband and his family against the false domestic violence case filed by his wife:
What Is Domestic Violence Or 498A Of IPC?
As per Section 498A of IPC, “whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”
Under the provisions of Section 498A, the accused can be arrested immediately by the police without conducting any preliminary investigation. A wife can file a criminal complaint against the husband and his family on the basis of cruelty done by them.
Are Women Really Misusing Section 498A?
There is always another side to a story. Number of false section 498A cases has increased in the past but also the fact remains that thousands of false cases are filed as well by the wife against the husband and the in-laws. These are criminal cases and the investigation officer is not required to conduct a detailed investigation before arresting the accused and his family. Husband’s side is usually ignored and even the courts assume that the wife is the victim. Wife files such false cases against the husband for various reasons like extramarital affair of wife, to get the maintenance and alimony from the husband, teaching a lesson to husband and wife for the disputes, etc.
How To Deal With False Section 498A Case?
One cannot stop his wife from filing the false case against him and his family, but being a husband he has following remedies to defend in this false case:
1) Anticipatory Bail application: If the husband and his family have an apprehension of arrest in the 498A case, the option of filing for anticipatory bail should be considered as well. You will need a dedicated and experienced Criminal Lawyer in Mumbai, India to file the application in the court. It is an advance bail taken in the case where the person has apprehension of arrest. Once the anticipatory bail is granted the police cannot arrest the husband and the family members.
2) Evidence: It is important to preserve the evidence for the court in case a false case is filed by the wife. Husband should carefully keep the track of the events that have occurred between both husband and wife over the period of time. Husband should collect the evidence such as:
- Calls, Chats, Messages, Emails, letters as from wife
- No dowry taken or demand from wife or her family
- Proof that she walked out on her own from the marriage
3) File case against Wife: Husband can file case against the wife for the threat and blackmailing done by her to file the false section 498A case. The documentation proof and other details are required while filing the case against the wife. If the husband files it beforehand it can be an added advantage to show that if the false case is filed by the wife.
4) Filing Restitution of Conjugal Rights: In case wife has already left the husband and the husband wishes to call her back, he has the option of filing the petition under Section 9 of Hindu Marriage Act. Such petition for Restitution of Conjugal Rights can be filed with the help of Best Divorce Lawyer in Mumbai, India.
There are various cases of the false 498A matters and many lives are ruined due to the same. So it is very important to hire and consult a good Divorce Lawyer in Mumbai, India immediately before the side files a false domestic violence case against you. For more information, you can connect at +91- 932 32 32 932 or send us an email at [email protected].