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Sonu (Software Engineer)     13 September 2013

Time limit to file counter cases against false 498a case

What is the time limit to file a counter case against FALSE 498A case?

My wife filed a false 498a case and after 3 days she has given a written statement in the police station saying "I FILED A FALSE 498A BECAUSE I WAS ANGRY AT THE TIME OF FILING FIR AND THE POINTS MENTIONED IN THE FIR ARE NOT CORRECT'.

I have the copies of her written statement and case cancellation documents. So please let me know the maximum time limit to file a counter case against false 498a.

I knew it should be as early as possible (ASAP) but please let me know the maximum time limit to file counter case against FALSE 498A case.


THANKS IN ADVANCE FOR ALL THE PEOPLE WHO EVER GOING TO REPLY TO THIS QUESTION.



Learning

 6 Replies


(Guest)

not advisable to file counter cases but collect all evidences. Get bails 

1 Like

T. Kalaiselvan, Advocate (Advocate)     13 September 2013

Dear Sonu,

There is no such thing called a counter case for a case filed u/s 498A howsoever false it may be.  Firstly make sure that you and all other accused in the case are enlarged on bail, after that if you have substantial evidence to prove your averments, preserve them for trial of the present case against you, instead if you take your own time and file a different case against your tormentors, this will go against you, consult your lawyer before taking any further step in this regards.  Advocate Klaislevan, Vellore Ph: +919443441062

Sonu (Software Engineer)     13 September 2013

Hi Sir, Thanks for your reply. I just wanted to give more details on my case. Please read the below few lines and provide your valuable answer. Thanks.

My wife filed a false 498a case and after 3 days she has given a written statement in the police station saying "I FILED A FALSE 498A BECAUSE I WAS ANGRY AT THE TIME OF FILING FIR AND THE POINTS MENTIONED IN THE FIR ARE NOT CORRECT'.

I have the copies of her written statement and case cancellation documents. So please let me know the maximum time limit to file a counter case against false 498a.


(Guest)

Sure for a divorce i think, on grounds of cruelty.

In those 3 days would any get arrested ?

defamation suit,

she also lied to police to charge Criminal charges against you.

 

its not only you but whoever included in FIR they all can put cases on her. 

 

Sonu (Software Engineer)     15 September 2013

Hi NeedAdviceOn498A,

 

Thanks for your response. Apart from me, no one else arrested but CI asked my father to come and stay in the police station during day time from morning to evening for those 3 days.

 

My main question is what is the maximum time limit to file counter cases? With in 3 month, 6 month or with in a year or two years????


(Guest)

There is no max time limit to file counter cases. It is your wish you can file whenever you wanted depending on the case details. 

If you have the written statement of her saying in PS , with a stamp on it of her own handwriting i would not think of time to file a case on her. I would definitely file  a divorce case on grounds of cruelty, defamation suit. 


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