Any legal way to prevent false 498a?

@chandrasekar - thanks for your clarification.

If such an agreement is valid or considered before the court of Law, i think genuine husbands who are under constant threat from wife, yet could not leave her due to child/ children, can use such an agreement with the help of relatives from both the side to safeguard them and their parents.

Is there any cases to support this sort of agreement?

thanks

nandha

There are no precedents nobody tried this.  You set the precedent.  I am confident court will find reason in that agreement.

@ chandrasekar - Thank you!  

I also welcome comments from other legal experts. If majority of them believe that this agreement will have merits in the court, then, no doubt, I am going to put this forward to my wife at the time of discussion. 

If she wants to come back just for the sake of framing us, then this agreement should make her run for cover!

Once again thanks!

Nandha

@Nandha.  I have read so many advisors in this forum only said there is no way to prevent filing of S.498A.  That is keeping in view S.28 of Contract Act.  I thought a little bit differently and designed that agreement so that court do not find fault with it.  You will know whether it will work or not only in a practical situation when you face it. 

In the meanwhile also be aware you have no other go too.  In other words there is no remedy suggested by anybody else for this problem.  I am throwing some imaginative solution which you can try thinking something is better than nothing.  I too am eager to know somewhere down the line after a year or two when you face actual situation whether this worked or not. 

Now when you take signature of wife on this agreement, she and her family members will take one copy and keep it with them.  They will also have apprehension "what if tomorrow we lose the case and are compelled to pay these sums?".  That apprehension will work in your favor.

I hope you understand what I mean.

@ Chandrasekhar - Thanks for comments. You are right. But when there is no punishment given to wife by court when it is proved that she filed a false 498a case, will this agreement work? because it is some sort of  monetary punishment to wife, but under Indian contract act! 

I think a debate on this would help to have a confident answer on this!

thanks

Nandha

How effective is crpc 182 as a deterrent ?   Does anybody have any statistics or nobody ever tried filing 182 ?

S.211 of Indian Penal Code is there to punish people who file false 498a or any other false case.  Cr.PC.182 is not that effective.

You are right. But when there is no punishment given to wife by court when it is proved that she filed a false 498a case, will this agreement work?

S.211 of Indian Penal Code is there to punish an erring wife.  Court will not give punishment on its own, but when you get a judgment in your favor conveying that false charges are made against you, based on that judgment you can file case against your wife under S.211 of Indian Penal Code.

S.358 of Cr.PC is there to help victims of false cases to pay compensation but it is left without being amended from times immemorial.  So for being arrested on false charges/allegations court can award a compensation of not more than Rs.100/- to you to be paid by the person making false allegations.  So better try S.211 of IPC which has punishment for Two years and also fine.

@chandrasekar.. thanks for your comments.

An expert in this forum has answered to a similar question as below:

"As section 211 IPC is hit by section 195 Cr.P.C,so you can not directly file any complaint.You have to move an application in court u/s 340 Cr.P.C. with a request that a complaint u/s 211 IPC be made by court against your wife.However all most all courts of India avoid to take any action in such matters."

https://www.lawyersclubindia.com/experts/IPC-211-against-false-dowry-case-207356.asp

The author may be right, because if Court punishes erring wife, then no wife will come forward to file false case or even genuine case, which in turn will be a great finaicial loss for the Indian judiciary!!

To sum up:

1)  There is no authentic way to prevent false 498a despite wife and her parents' undertaking.

2)  Even when the court declares it's a false case, it's not a cake walk for husbands to punish or teach a lesson to the erring wives. 

In such case, it is better not take back wife who has threatened of 498a.

Once again, thanks to everyone

Nandha

@ Nandha, 

u got the Moot Point !

@Nandha.  That a private person can complain u/s.211 of IPC is a point of reference in the case of R.K.Selvarajan Chettiar @ vs S.Murugavel on 22 October, 2002, IN THE HIGH COURT OF JUDICATURE AT MADRAS.  The Madras HC quoted the judgment of Apex Court in M.L.Seti Vs. R.P.Kapur (AIR 1967 SC 52 8) and held the private person can complain under S.211 of IPC and that too even before the Trial court concludes the proceedings initiated under the presumed false charges.

Some interesting paragraphs in that judgment of Madras HC:

22.One of the main contention raised on behalf of the appellant in the case cited supra was that can a private person file a complaint under Section 211 IPC when the First Information Report is under investigation, relating to a cognizable offence and according to the learned counsel who appeared on behalf of the appellant in the said case, even after the conclusion of the investigation and even after the matter has been referred, the referred report will have to be accepted by the Magistrate and when he accepts the order of the referred notice, it amounts to a Judicial Order and consequently, it is only the Court that is empowered to give a complaint. But however, Their Lordships of the Apex Court have stated in the said case that since cognizance had already been taken, while the matter was pending investigation and the matter had not reached its finality on the police filing a report under Section 173 Cr.P.C and the Magistrate acting in his judicial capacity, the cognizance already taken by the Magistrate is not illegal and consequently has upheld it. In my opinion, the said decision squarely applies to the facts of this case, wherein admittedly a matter was under investigation and the Judicial Magistrate has taken cognizance of the matter before any judicial order has been passed and consequently, I am not in agreement with the points raised by the petitioner.

23.At this juncture, I would like to add that as far as the complainant is concerned, he does not get his right only on the police officer or the court giving a finding that the complaint is false but in my opinion, the cause of action arises at the time and on the day when he comes to know (to his knowledge) that the complaint is false and this does not depend upon any other forum giving a finding that it is false. Therefore, in such circumstances, the complainant gets a vested right, the moment he becomes aware that a false complaint has been given against him and he need not necessarily wait till the police officer or the court gives a finding that the complaint is false.

24. The other contention raised by the learned counsel was that if such a restriction has been allowed in every complaint pending before the police officers, the respective accused in the said complaint would file a complaint before the Court of the concerned Magistrate for an offence under Section 211 IPC and it would lead to an anamolous position. As a matter of fact, the same argument was even found advanced in M.L.Seti's case before the Apex Court, wherein Their Lordships have held that it is unnecessary to interpret the law in such a way so as to necessarily avoid such a situation. There appears to be no defect, if both the cases are simultaneously taken and tried together in the same Court, one after the other and the Apex Court had repelled the argument. In view of the said observation by the Apex court, I am not in agreement put forward by the learned counsel.

And so a private person can complain under S.211 of Indian Penal Code.

@chandrasekar - I was about to ask you if there is any judgement and you have already posted here. Thanks.

Is there any other judgements where wife was punished with imprisonment or fine by the court for filing false 498a case? 

Thanks.

Nandha

Jaldbaazi!  Aap ne vote of thanks bol diyaa?

We may find if we search.  But that is not so relevant.  What is relevant is one can file complaint u/s.211 of IPC if any false case is filed against him in view of bar in S.195(1)(b) of Cr.PC.  For that the above judgment is the answer.  In the judgment quoted above, S.195(1)(b) was also discussed and the HC dismissed the petition filed by the petitioner claiming bar of S.195(1)(b) of Cr.PC, quoting the Apex Court judgment.  So our problem is solved.  Later S.211 case will be decided on the merits and the proceedings and judgment in the original false complaint will have a bearing on this case if both of them are instituted and proceeding simultaneously.