Wife filed false 498A case, how should I proceed ?

860 votes

First of all you should apply for bail than you fight the case onmerrit basis as well as file the case of divorce against your wife on the ground of cruelty .and also give application to nearest thana. That your wife is harrasig you

Advocate Lubna Ishrat LawRato

883 votes

You will have to approach the High Court with a prayer for quashing of these false allegations as well as seeking a stay on your as well as your parent's arrest. These are serious allegations and have to be contested.

Advocate Nitin Chopra LawRato

655 votes

You must file writ before high court. In lower court if you appear than you will have to seek bail and then investigation will proceed. Alternatively you can participate in investigation and prove your defence before I.O. If he is convinced he can close the case without your arrest.

Advocate Vijay Kumar Teotia LawRato

512 votes

You can come to the High Court For quashing of FIR , u/s. 482, and before that you should file application for bail u/s. 439 in the high Court , come with Certified copy of FIR with you
As you said all allegations against you are false you need to prove them with evidence so kindly come with complete papers response

Advocate Gunjan Kumar Tiwari LawRato

727 votes

Hello,

First of all to get the relief with regards to your arrest you can file a case for quashing of the FIR in the High Court and get the arrest stay thereafter you will have to cooperate in the investigation and will have to present your evidences.

Regards

Advocate Anilesh Tewari LawRato