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My wife filed false complaint under 498a after 20 years of marriage
24-Aug-2023 (In Criminal Law)
Sir,
My wife filed false complaint under 498a after 20 years of marriage due to minor dispute. Having two kids 1) Aditya (18years) 2) Aary ( 12 years) leaving seperatly from last 8 months with her brother in same city. Her brothers house is just 5 minutes away from mine. She carried all the ancestorial golden jewelry of 265 grams, silver ornaments of 1650 grams, papers of property, bank and RD passbook while leaving my house. Kids are with her. How can I squash FIR, and how to bring her home back please help.
I have filled an application in ADR in month of May 2021 where she made false allegations and not ready to cohibite. I also filed applicantion at mahila police thana for mediation in month of May 2021. Mediation failed as she is not ready to cohibite and she made false allegations in the mediation.Then she filed false FIR on 29 June 2021.
First of all take anticipatory or regular bail from concerned court for section 498A of IPC. And there after you may file a petition in court for restitution of conjugal rights against your file and ask for a direction from court to cohabit with you.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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You can file an application u/s 482 of Criminal Procedure Code to quash FIR u/s 498A of IPC in the High Court of your state. The High Court can quash it on the ground of it being false.
Simultaneously, you can file an application under Section 9 of Hindu Marriage Act for Restitution of Conjugal Rights in the district court of your place of residence to compel your wife to co-habit with you.
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Adv. Humera Padvekar
Navi Mumbai | 25+ Answers
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