Legal remedy against false allegations of cruelty u/s 498A of IPC

I am a serving Indian navy person got married in 2014. After marriage she resides 3 days at my home and we cane to know that she has mental illness since that she never came nor we tried to took her at my home. Now we are suspecting 498A from her side.. what to do please regards

Answers (4)

172 votes

first of all u should file restitution of conjugal right now in the court of principal judge of family court.u should also do telephonic conversation on the matter of conjuagal right.tell me other relevent facts.

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220 votes

Dear Client,
If she has filed a case u/s 498(A), then first step you should do is file a bail petition in the concerned District Court. Thereafter, when the matter will come on trial, you will get an opportunity to prove your innocense.

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157 votes

First off all you meatually discuss with your mediator who r involved in your marriage decide all the things out of court first because you can't stop your wife's or his family to go in the court for u/ s 498 A

92 votes

Ironically, there is not much you can do to prevent someone from filing a criminal case against you, whether it be a police case or complaint case.
Nonetheless, and assuming that you are not ready to keep your wife and that you are a Hindu, you should file a petition for nullity of marriage or a petition seeking divorce under the Hindu Marriage Act in the court of competent jurisdiction.
You should also file an informatory petition in the court of chief Judicial magistrate saying that your wife is threatening you and can file a false criminal case against you. This is not of much consequence, but may serve as a defence for you in case your wife does actually file a case against you.

Hope this clarifies.

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