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Surya K
in Family Law Criminal Law
Asked July 17, 2017

Suspecting false case of violence to be filed

  • 1 Answer

Dear Sir/Madam, we are staying nearby my inlaws home. My wife spends lot of her time with her mother and father neglecting my children. So I got fed up and shifted my home 10 kms away. Now she has stopped cooking and taking care of children etc.. This has been going on for the last one month.So I told her to go to their home. I had dropped her at their mother home. The next day I went to my inlaws home and had a quarrel regarding this. In the evening they have filed an complaint in women police station mentioning that I am harassing and torturing her. The police had called me and asked to come for counseling classes weekly once both I and wife are attending the classes. But my father in law is insisting on filing a case regarding this. What should I do? What happens if they have filed 498A case upon me? Will I get arrested? Pl. suggest me.the kids are with me aged 13 years and 9 years. Please help.

Answer 1

The first step you should take is to gather evidence establishing that you or your relatives did not take dowry, did not illegally detain your wife's possessions, or did not do any act of cruelty against your wife. This will ensure that you are in a position to safeguard your interest against a false case under S. 498A. 

S. 498A is a cognizable non-bailable offense and the police has a right to arrest the accused without hearing any evidence. Hence,  if it is likely that your wife would initiate a false case against you then you may file for an anticipatory bail under S.438 of  Cr.PC, whereby the court , if satisfied with the evidence presented by you , would direct your release on bail in case of arrest . 

Agree Comment 0 Agrees over 3 years ago

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