In this article, we are going to discuss the probable options one has to prove that a case filed against him by his wife is false and with the intention to merely harass him.
Probable reasons for filing a false 498A case
The wife may be after her husband’s money or may wish to harass her husband and his family under the false case of 498A, as the case of mental harassment could cause him to pay a hefty amount as compensation
In a situation where the husband refuses to divorce, then in such a situation, he may sometimes face a false 498A case.
Minor issues in a marriage may result in huge fights due to some negative influence of a third party, which could also result in the filing of a 498A case.
To save herself from the charges filed by her husband, say for example, if the wife has been found by her husband committing adultery, she may file these false cases so that her husband could not accuse her of adultery.
How to prove a false case of 498A
In case a false case of 498A has been filed against you, the duration for which such a case could continue would depend upon the evidence produced and how efficiently your lawyer could represent you.
Anticipatory bail- If you have reason to believe that your wife may file a false case against you, it is advised to seek an anticipatory bail under Section 498A of IPC. Applying for anticipatory bail could protect you from arrest in the future under a false case of 498A.
The situation could be stressful when a false case under Section 498A of the IPC is filed against you or your family. It may worsen if there are chances of getting arrested for no fault on your side. Divorce lawyers advise you to not visit the Investigating Officer without having protection in the form of Anticipatory bail. Thus, in case you have reason to believe that your wife may file a false case under Section 498A, it is advised to appoint a divorce lawyer in Mumbai or a divorce lawyer in Kolkata, or your own city, who could help you with anticipatory bail.
Important steps to prove that a false case has been filed against you-
Collect all the Evidence and Documents- one of the most important steps to prove a false accusation is to gather all the substantial materials which can help you provide details regarding the false case of 498A. These substantial materials include-
Any conversation you or your family had with the complainant either in the form of telephonic conversations, SMS, e-mails, letters, call recordings, etc.
A conversation that could prove that the wife moved out of the house on her own.
Any evidence proving that no demand was made for dowry, either before or after the wedding.
Cross-examination- is one of the most important stages during a court case, where a false case by a wife could get demolished. It is advised to the aggrieved party to hire an experienced divorce lawyer in Noida who could help them through this stage.
The burden of proof to prove such allegations made in the false case of 498A lies with the prosecution’s side, i.e.the wife’s side.
Statements which are recorded under Section 164 of the Act are important as after the statement under Section 164, the burden of proof would shift upon the husband to disprove these allegations.
In the cross-examination questions are asked which contradict the statement given by the wife while avoiding those which may provide her an opportunity to give an explanation of her statements.
For instance, in case the wife claims that she was beaten up, it should be asked of her in cross-examination, if she filed any police complaint in this regard or visited a doctor for medical treatment.
Judgments
In the case of Lalit Bhatia v State of Uttar Pradesh & Ors., (27 May 2005, Allahabad High Court) it was held by the High Court that a false case of 498A was filed by the wife with the objective of merely harassing her husband and in-laws. After going through the various records submitted, the court concluded that the case was a sheer misuse of Section 498A.
In the case of S. Savitha v Mr. Velmuruga, (31/08/2017, Madras High Court), it was held by the High Court that reckless, defamatory as well as false accusations were made by the wife against her husband and in-laws which would negatively affect his reputation in the society and amongst his colleagues, thus such an act of the wife would be called as cruelty.
Conclusion-
From the above discussion, it could be concluded that proving a false case of 498A is not so easy, however, it is not an impossible task either and could be sorted out with the help of an experienced advocate.
Lead India offers you a wide pool of experienced advocates who have been successfully handling cases related to dowry cases, domestic violence cases, false cases under Section 498A, etc. In case you wish to talk to a lawyer or ask for free legal advice online, you may contact us
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