Sandip Manna
Asked January 26, 2017

Maintenance case filed by Wife

  • 2 Answers
  • 681 Views

my wife filed a false case 498a &34 against me & other 4(mother brother 2 married sister)and also filed under section 125.what should i do please suggest me.

Answers 2

hi

your query is very precise. As it is not describing the facts of the case. but still i ll suggest you to collect the evidences which disprove the case of your wife. All documentry, circumstantial evidences will help you to turn the table.

Agree Comment 0 Agrees over 3 years ago

Section 498A of the Indian Penal Code allows a woman to file a complaint against her husband or his family members for cruelty against her. This provision was enacted to protect the interest of women subjected to ill-treatment due to dowry demands prevalent in our society. Section 125 of the Code of Criminal Procedure provides a person to file a petition for maintenance.

Section 498A is a non-bailable criminal offense and over a period of time has been misused extensively. The Courts have been compelled to order precautionary measures under the provision whereby the Police will not immediately arrest you just on the basis of the complaint. (http://timesofindia.indiatimes.com/india/No-arrests-under-anti-dowry-law-without-magistrates-nod-SC/articleshow/37661519.cms )

For now you must cooperate in the investigation process and procure evidences and identify witnesses who can prove that the allegations raised by your wife are false. In case you fear that the Police will arrest soon, you can file for a pre-arrest notice and then for an anticipatory bail as well. The pre-arrest notice under which the Police will be compelled to inform you in advance if they have decided to arrest you. This will allow you to file for an Anticipatory Bail and prevent you and your family from going to the jail till the case is adjudicated upon by the Court.

 

Agree Comment 0 Agrees over 3 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.