can my wife file 498a to extort money

822 votes

The remedy is this case is to send one advocate notice with an advice to return into your house and start conjugal life or to send letters to several legal authorities about your wife's desertion and threatening to file false case against you and it is to mention here that police cannot arrest in u/s 498A of I.P.C. as per law I.e. 41A. Notice of appearance before police officer. - (1) The police officer *[shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.

(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
(3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
**[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice."
*[Clause 41A Inserted by Code of Criminal Procedure Amendment act, 2008 and sub-clause (1) further modified by Code of Criminal Procedure Amendment act, 2010]

Advocate Arijit Chatterjee LawRato

949 votes

First of all file a divorce Case against your wife on the ground of desertion. and after that file 438 before District Court or High Court for Anticipatory Bail in connection with 498(A). I think you will get Bail.

Advocate Sanjoy Acharjee LawRato

954 votes

First of all get an anticipatory bail u/s 438 Cr.P.C from concerned Sessions court or Hon'ble High Court. Then meet with the Investigating officer of the case and state him in detail. If you not commit any offence as alleged in the FIR he may discharge you from the case by submitting final report before court. Consult with an competent criminal lawyer he will guide you properly.

Advocate Aniket Joardar LawRato

795 votes

Hi !!!
Please comply Section 41A notice given by the investigating agency(police authority). Please take an anticipatory Bail from your concerned jurisdictional Court. After granting Bail co operate the investigating agency when they wants you. Please face the trial. After the evidence of the prosecution of nothing proves then the Court will leave you in acquittal. Obviously you wife can lodge case against you after 4 years. But in your case she did not stay with you so she can not prove any thing. So don't worry you will free. She only can file maintenance case against you.

Advocate Sougata Chatterjee LawRato