Ramesh (xyz) 21 December 2012

If wife files false 498a against me and my family

Respected Experts....

My wife has filed false 498A in police station against me and my family. But she doesn't have any proof for the same and we also don't have any evidance that we are innocent and we can't also produce any any proof that she is lying.

The matter is that after my marriage life of 16 years, she is in love of our neighbour (Male: He is also married) and she is doing this with his guidance. She also talks with him on telephone that her family also knows and my family also knows. Now she wants divorce and start new life with that guy. She has done the following things with preplaning

1) filed false 498A case against me and my family

2) filed divorce case and got protection order under DV

3) Informed to police station for not harrasing either by my or her family and she is now living and working some unknown place.

So please guide me what should i do now??

Thanks in advance for your valuable guidance...

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3 Replies

Saurabh..V (Law Consultant) 21 December 2012

@Author

Yours is a classic case of modern India where EVERY woman wants laws to protect them but when it comes to misuse of such laws, no one has any answer of solution.

Anyways. Now as you mentioned that your wife is in illicit relation with your neighbour, it means you are entitled for Divorce under S. 13.1(i) of Hindu Marriage Act, 1955 (if you married as per Hindu Rituals). If any of the spouse has physical relations outside the matrimony while the other legal spouse is alive, it makes ground for divorce.

Additionally, if you can prove her relation with that person by finding call details, sms, emails etc, then you can show the court that you never threatened her and that you never exerted cruelity to her. This would clear out ALL the cases like 498a, DV Act etc. Divorce would be in your favor because living with a cheating spouse is not advisable. Also, you would not be requried to maintain because she herself lived a life against the laws.

For getting relief, firstly you take Anticipatory Bail for you and all other accused from Sessions court under S.438 CrPC. Then you can contest the divorce on the grounds already stated by you and sow your proofs as explained above.

All the best!

//peace

/Saurabh..V

Ramesh (xyz) 21 December 2012

Thank u sir for ur kind response....

But sir, I m deaf and dump... I hv dought that she is with neighbour's relation, but not ny proof. How can I get the Call details that she talks with him??? I hv seen her few times that she talks with some one on phone and I hv dought about my neighbour... So can I make policse/court case against my neighbour based on the dought???

Saurabh..V (Law Consultant) 21 December 2012

@Author

You have to get more strong in such hard times and face with brave heart.

For getting call details you have to take help from service provider of the SIM company which your wife uses. Police would only bring such details if court orders. But it is very dangerous if you say it in court that your wife has relations outside the matrimony because if you are not able to prove then it would be negative for you in court.

It is better to find it out yourself. Take help form a friend or may be a lawyer. Never allege or say anything in court unless you can't prove it.

//peace

/Saurabh..V