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Writer's pictureLead India
Apr 26, 20233 min read

What to do If My Wife Filed FIR against me for 498a while i am Out of Station?

Due to the large number of 498a cases that have received media attention, society is fully aware of the IPC's consequences for violating this provision. However, as of this moment, a woman in India may utilize Section 498a of the Indian Penal Code to lodge a complaint about her partner's mental, physical, or emotional pain or harassment.

Due to the fact that it is a cognizable, non-bailable, and non-compoundable offence in India, every woman understands its usage and holds it as an instrument of defense against any kind of matrimonial cruelty.

Seeking Protection against Section 498A of the Indian Penal Code

  • The first stage in establishing a false charge is to compile all credible evidence that elaborates fully on the specifics of the 498a case. You must begin gathering as much proof as you can, which may include any conversation you or a family member has with your wife or her family, including calls, emails, SMS, and letters, anything that demonstrates your wife left your home voluntarily or any proof that dowry demands were not made either before or after the wedding

  • You must employ a criminal defence lawyer and obtain an anticipatory bail if you believe your wife will file an FIR under Section 498A to stop yourself or a member of your family from being arrested. Anticipatory bail functions as preventative bail in the event that the police arrest you or a member of your family. Under Section 438 of the CrPC, you can apply for anticipatory bail to be protected against a case under Section 498a of the IPC.

  • Under Section 482 of the CrPC, you can also ask the High Court to throw out the erroneous 498A FIR. However, if you have enough evidence, the court has the authority to invalidate the fraudulent 498A FIR that your wife filed. Generally, courts are reluctant to invalidate an FIR or interfere with the law and order process.

  • If your wife files a false 498A lawsuit against you, you can sue her for defamation for tarnishing your reputation.



Dealing with Section 498A Cases by Wife while Out of Station

  • Up to 50,000 rupees in liquid cash should be kept with parents or close friends. You and your group must be on guard and begin observing their behaviour.

  • You must hire a reputable and experienced lawyer and work to obtain anticipatory bail for your parents and you. Typically, it is challenging. In order for your lawyer to quickly start the bail process if you are arrested, you next get yourself and your parents to put their signatures on vakalatnama in advance.

  • You must inform the HR department of your business. Inform your superior about the circumstance. Even if you were later fired from your work (unusual these days), you would have done less harm and won their sympathy, which might help you find another employment sooner.

  • You must be calm if you think you might end up in jail. You've taken away your wife's most potent tool once you've mentally prepared yourself for this. Arrests have decreased significantly since the Arnesh Kumar ruling by the Supreme Court. However, you might still be detained. Keep your cool; getting bail is now simpler than ever.

  • You must inform her unequivocally that 498a will entail a protracted court dispute where you'll devote all of your strength and time to thwarting her ambitions. Inform her that once she leads you to jail, you will under no circumstances attempt to settle the matter for a lump sum payment outside of court. You'll only engage in a final courtroom battle with her.

  • You must let them proceed if they're threatening to file an FIR. Tell them upfront that they are free to abuse the law if they so want. The only other option you provide is elder-led mediation, and if they choose not to use it, a fight will ensue. Make it clear to them that you are completely willing to invest the upcoming years in thwarting their plans.

You will need lawyers to help you deal with 498A cases when you are out of the station. If you want the help of lawyers to deal with Section 498A cases, then divorce lawyers in hyderabad can be hired, and if you want the help of lawyers to deal with Section 498A cases, then family lawyer in delhi can be hired. Similarly, family lawyer in delhi can be employed if you want the help of lawyers to deal with Section 498A cases.

At Lead India, you can consult and talk to lawyers. You can obtain free legal advice online as well as ask a legal question online for free to lawyers at Lead India.

Call Us: +91–8800788535

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