False 498a has been filed : advise request

There is nothing stopping her registering a FIR, hence initiating a 498a. The fact that a Divorce case is pending is no bar to 498a. In fact, (sadly) it has become a common practice by (not so enlightened) Advocates to advice their clients to go in for a 498a case as a counter blast to Divorce petitions.

Fight and win the 498a on merits.

Thank you. Currently we are in the process of getting AB. If we have evidence to prove the points in the FIR is false, would it be prudent to put counter cases once AB is obtained ?

Hi Ganesha,

Normally 498A cases will be filled to get money from you. It takes years to get these cases finalized normally. So how much evidence you have does not matter here.  If you are lucky and get a good lawyer then there is possibility it way resolved in few yrs like 1 or 2 years else it will go atleast for 4 or 5 yrs

Please advise what are the amendments made to 498a ?

Correct me if im wrong , FIR can be filed only after preliminary investigation right:

"The Criminal Complaint under section 498A I.P.C starts with registering F.I.R with the local police with the Police officer of the Rank of Deputy Commissioner Police level who before actually registering it shall first get the matter investigated, if there exists any real substance or evidence with regard to act of cruelty as complained by the wife or her parents etc shall register the F.I.R.