Counter case on wife's false 498a case after getting ex- parte divorce

Wife files a false 498a case against husband after 1.5 yrs of marriage and leaves the matrimonial house with little baby girl. Husband found acquainted by the court and gets an ex-parte divorce also. Is there any case that the husband can file against wife to teach her a lesson as husband’s family suffered social,mental and physical humiliations. Husband left the job due to such humiliations and the wife is working and drawing a handsome salary or the itself will panalise the wife for filing such false 498a case.

Answers (4)

117 votes

Filing a case against a person with no genuine cause, with malice intention or on the basis of false facts, amounts to malicious prosecution. When such false case is decided in favour of that person resulting into acquittal and that person suffer damages to his reputation or in terms of money or otherwise. Then that person can initiates civil as well as criminal proceedings against the person who had filed criminal case against that person.

The victim (against whom such case was filed) can file Suit claiming Damages against that person who prosecuted maliciously.

Also Malicious prosecution is a crime under section 211 of the Indian Penal Code (IPC) and section 499 of the IPC, another crime of defamation.

What the section 211 of IPC says is that if anyone institutes a criminal proceeding intended to cause injury to any person knowing that there is no lawful ground, he shall be punished with jail term of either description for two years or with fine. If proceeding is for an offence chargeable with death or life term or for seven years the punishment shall be for 7 years. The crime is a non-cognisable one, triable by magistrate or sessions judge as the case be.

Similarly the Section 499 states whoever by words makes any imputation concerning any person intending to harm the reputation of a person is said to defame that person. The section 500 of the IPC provides for punishment for defamation.

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121 votes

There are any sections in IPC which can help you in this case. But simply she filed a case doesn't means that you can punish her through court. You have to prove that she did it intentionally to defame and harass you.

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117 votes

Yes you can file a Criminal case against wife and you can also ask for compensation through filing of Defamation case against her. Call
Yes you can file a Criminal case against wife and you can also ask for compensation through filing of Defamation case against her. Call

271 votes

Yes, the husband may file a defamation suit as well as a criminal complaint for the offence of defamation as well for falsely getting a case registered. This can be done based upon the amount claimed for, you can either move the High Court of District Judge or Civil Judge depending on the amount you wish to claim.

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