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False 498a filed by wife what to do.


12-Dec-2023 (In Criminal Law)
Dear Sir, My wife has filed false 498a on me and my family on 26/10/16 in her native where her own uncle is ASI for the station.Police gave me hard copy notice on 02/12/16 and asked us to come with in 3-4 days to the station.We haven't gone to the station yet due to fear of her uncle who wantedly doing all this. Background :- 1. Married in 2012. But not going well between both of us from day one. 2. From both sides elders came together and given counciling to both of us more than 10-15 times in between 2015-16. 3. She attempted suicide in June 2016, we applied mutual divorce after written agreement of property share. 4. She came back on aug2016 and forcing me to stay with her which I denied. 5. She informed in my local police station then attended DSP counciling then compliened in women cell(she was absent 2 times) finally 498a claiming I took 10 lak,40 thula gold,5kg silver,we all went to her home town to burn her with kerosene on 25/10/16- ALL ARE FALSE.What to do sir.
Answers (5)

Answer #1
528 votes
Please defend your case in the court with the help of an advocate in court. Take grounds that you both have not been staying together since a long time and also that you have filed a mutual consent divorce. So now there is no point putting allegations on each other.
Answer #2
985 votes
Dear Client, you are advised to go to the police station from where you have received the notice. Otherwise warrant will be issued against you and whoever else those have been mentioned in the complaint. Further I would like to see the complaint for reference.
Answer #3
707 votes
In your case previous complaints have also been made by the complainant that's why court may have different view in this matter now two grounds on which court may think whether any evidence you have in your favour and the contents of complaint as in a FIR again I would like to tell you that as you have told in your query regarding with agreement and property share that piece of evidence we have some importance but be careful and I suggest you consult an advocate with all your documents and apply for anticipatory bail if there are provisions
Answer #4
715 votes
Dear drive she had filled a complaint against you. You have to respond to the same.
I take note of the fact that she has filled a false complaint against you, but your case is similarly to many others.
I also take note that you want divorce from her
I advice you to consult me personally.
You can have my contact details from law rato team
Answer #5
747 votes
She filed a false case against you is fine but if she has filed a complaint in CAW cell against you then its your duty to go and attend the proceedings.Therefore you have not defined where is her home town and where are you based.Then you have also not disclosed what happened about the divorce case that you have filed have you compromised on the same.So you need to clarify certain things before getting the correct reply.The caw cell wont register an FIR so soon regarding the harassment as her uncle is ASI you can file a complaint simultaneously with higher authorities,Rest pursue with the divorce case.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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