Respected Learned Advocates,
My estranged wife had filed a false cases u/s 498a/406/34 against me & my parents in August 2006 after leaving my house in April 2006.But unlike other 498a cases I got a lot of help from my local police station in Kolkata as I was well known to them and had participated in many of their public awareness campains.They knew from the begining that it was a false case and the officer incharge had asked me to stay away from home till I get an anticipatory bail for myself and my parents otherwise if I stayed at home they would be forced to arrest me as my estranged wife's father has some political connections and was pressurizing them.My parents were at home & the police did not touch them since both of them were heart patients and had medical reports to prove it.
Eventually I got bail for my parents & myself,then my estranged wife got frustrated with the local police and moved the case to the Womens Grevience Cell (WGC)in Lalbazar Police Headquarters in Kolkata.Then all sorts of unnecessary harrasment started.I was called to the WGC every now & then for some pretext or the other.My estranged wife came to my house with police officers searched the house from top to bottom but did not find anything since she had taken all her belongings earlier.
Now the case is in evidence stage and my lawyer is grilling her inside out.She is fumbling to give replies and she is making a lot of contradictory statements and skipping court dates most of the time on the pretext of being sick.She knows that her case is falling apart.
I would like to know is there any punishment for filing a false 498a case if the case is proved to be false in the court of law? this case has caused a lot of mental & physical trauma to me & my ailing parents.
The Hon'ble Supreme Court has stated that misuse of 498a is legal terrorism.If an international terrorist like Ajmal Kasab can be hanged to death,what is the punishment for these women who are domestic terrorists?