Osman 05 April 2018

False 498a

I’m basically from Hyderabad but currently working in Canada. I had my marriage on 7-January 2014 and divorce in 30 July 2015. Both the marriage and divorce took place in India.I also had a baby in that marriage for which I filed a custody case and later taken back due to family pressure. I’m currently married to second wife. Last week my first wife filed a fake 498a on me and my family (me, dad, mom & sister) approx 3 yrs after divorce. I’m not sure what to do now as I’m currently not in India and my parents cannot handle this due to their old age. Need help please !!

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3 Replies

Siddharth Jain 06 April 2018

Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. Section 498A of Indian Penal Code is a provision under which a husband, his parents, and relatives can be booked for subjecting a woman to cruelty to meet their unlawful demands (dowry).
You may seek an anticipatory bail in the criminal matters filed in India by her so that when you come to india the airport police or the local police cannot arrest you.
Please contact me at isidjain1@gmail.com for any other queries or information.

Vijay Raj Mahajan (Advocate) 06 April 2018

The complaint under section 498A IPC can be filed by the wife and not the ex-wife/divorced wife and that too after 3 years of divorce. You have good defence for the criminal complaint, however the matter if has been registered as FIR by the Police the complete process will take place through court. You can always seek quashing of FIR and court proceedings in this regard. For detailed case discussion you can contact me. You check my profuile here in this forum.

https://www.lawyersclubindia.com/profile.asp?member_id=8784

vijaymahajan5758@gmail.com

Pramod 06 April 2018

Police hardly look into facts while filling FIR reason being many false cases are filled against innocents. Police should have not filled case at first place as it's more than 3 years of decree of divorce and the intenstion of your wife can be seen clearly that just harrass your husband and his family case was filled.

If an FIR is filled first step is to take Anticipatory bail in district court to prevent arrest and then go to high court to quash the FIR on ground of false and fabricated allegation even after 3 years of divorce.

Below judgement shows time limitation of filling criminal cases as CRPC and may be useful for you.

ARUN VYAS & ANR. V ANITA VYAS PETITIONER: ARUN VYAS & ANR. Vs. RESPONDENT: ANITA VYAS DATE OF JUDGMENT: 14/05/1999