False 498a has been imposed over my brother in law

Hi Due to some dispute to get seperation My bro in law has been falsely frame under 498 section by his wife , also complaint to police station the false allegation also against father inlaw and mother in law also my wife name has been to included My bro in law is abroad , there is hearing on report submitted by police coming saturday, what we understand the case there is no arrest for fatherin law n mother in law as police stmt finding no such guilt but however they are bribing police to file against bro in law to make such case stmt write from police stmt that he should be deported from abroad on arrest alert . my father in law has already taken bail for all how do we deal on this and what case can counter filed and protect, can he filed divorce petition against

Answers (3)

154 votes

If bail is already granted then no arrest can be done in the same case unless bail is cancelled.

Divorce petition can be filed by the husband, if not physically present then through Power of Attorney.

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288 votes

First of all he needs to file a complaint against her based on the facts to protect himself.
Secondly, you need to have a good lawyer to defend the case.
Your brother in law can file for a divorce petition irrespective of this case.
He can also go for quashing of the case filed against him.

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260 votes

Respected Sir,

With respect to your query 498A of IPC it is very common the misuse of this section in any dispute between husband
and wife it is also noticed by Hon'ble Supereme Court. It will be pertinent to note that by bribing they can make a statement but they cannot make a case against you as upon cross examination they will be suffer if you are not wrong. To take it further yes a divorce petition can be filed against your wife on the grounds of cruelty and various other sections of IPC. Do let me know for any further help.

Saqib Gigani.

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