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What to do if wife filed a false case u/s 498A


28-Sep-2023 (In Criminal Law)
Sir/madam I married to govt teacher she stayed in my home only for 2week from the time of marriage.so we filed sec 9 to come and stay with us after sending notice to her she filed fake case 498a on me my family members. While filing fir in compliant she gave reason of delayed Condon 46 days with change of jurisdiction I want to file fake case on her what should I do .she did everything for property and attached all our property in maintaince case I got married in 2013 from untill to this before sending notice to her she is not in my home.Distrubed us lot by filing fake case on us plz resolve this. And they are misusing 498a my all family members are educated my mother became cardiac patient because of this.and my father is also hypertension patient my sister is doctor .I want to file case on her regarding fake case on us. plz suggest me . kindly do needful.it almost 6 years passed she spoiled my entire life.what I can do to dismiss this case.
Answers (2)

Answer #1
907 votes
Dear sir,
as per your query she filed false 498a case against you and your family members like your father, mother and sister, you may file criminal petition under section 482 of code of criminal procedure to quash entire proceedings against you and your family members.
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The police will issue a final report if they have concluded that there is no evidence of a crime. Framing Charges/Discharge: Once the chargesheet is examined by the accused/their lawyers, the court frames the charges. Telling the accused what crimes you have been charged with.

How long does it take to withdraw 498A case?

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Answer #2
776 votes
Hi, if the case filed by your wife is false and that is subsequent to your filing of conjugal right case under section 9 and she has stayed only for 2 weeks at your place you have two options.
1. you may file discharge application in the court where your case is pending.
2. You may file a case in high court for quashing the proceedings in 498 A case which is more appropriate in such cases.

Regards
Shridevi Bhosale
Advoacte.

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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