False 498a
Querist :
Anonymous
(Querist) 15 April 2023
This query is : Resolved
I have married in year 2008. After two months of marriage, due to immense pressure from my wife, I had been forced to saperated from my parents.
Unfortunately, on 2012 my wife saperated from me.
On 2013, I have filed RCR case, but she had requested to dismiss my RCR petition. I have withdrawn said RCR case before judgement.
On 2015, I have filed divorce suit. The said suit is in argument stage, wherein the District Judge agreed to pass divorce in my favour- since the wife has requested to reject RCR petition.
On 2016, she has filed 498 A against me & my family without any specific allegation.
Sir,
As per her statement, after eight years of saperated from in-laws she is filing 498A case.
After four years of saperation with husband she has filing 498 A case.
Charge-sheet is filed, but charge is not framed till date.
Can I file acquittal petition in concerned court based on limitation period ?
Sudhir Kumar, Advocate
(Expert) 16 April 2023
RCR notice is a time tested tool to compel wife to raise true/false complaint of dowry/domestic violence against husband with family including married/unmarried brother/sisters wit/without their spouse. This way husband leaves her with no choice but to spoil his family even if she does not want to do so.
This forum is full of such cases where husband with parents/siblings faced such criminal charges.
After visiting jails people realise that the situation inside Indian Jails is not as rosy as shown in movies and the cops are also comedians in movies which is not in actual life.
P. Venu
(Expert) 16 April 2023
"On 2016, she has filed 498 A against me & my family without any specific allegation.'
What is the present stage of the case? Have you received summons for trial?
Querist :
Anonymous
(Querist) 16 April 2023
Charge sheet submitted, charge not framed.
P. Venu
(Expert) 17 April 2023
In my considered opinion, there is no need to rush to the High Court. It could be that investigation did not find any materials to substantiate the offences alleged against you.
T. Kalaiselvan, Advocate
(Expert) 18 April 2023
As rightly observed by experts, you can challenge the false case in the trial proceedings itself, you can get the criminal case dismissed if fought properly.
