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Wife left the house and filed a false 498A case what to do


13-Oct-2023 (In Criminal Law)
Hello my wife left me 3 months back. her mother took her to her place. she filed false 498a on me and my parents. also filed false 354 on my younger brother who was living with me in noida. We have returned all her streedhan via city thana in ajmer. what should we do now?
Answers (4)

Answer #1
754 votes
If there a case filed against you and your family than very first face it better to contact with a criminal lawyer he may proceed for quashing it before High Court if not being quashed than you may get some direction and then go for bail whether it is fals or not shall be taken at trials I may provide services for you.

Answer #2
842 votes
Dear client you should try to quash that case before High Court better if you contact us then I will elaborate properly about your case.
Regards

Advocate Anurag Bhatt
Allahabad High Court
Answer #3
846 votes
your query it is not clear how many years back you were married still contact me through lawrato or other lawyer at noida and get best advice with remedy file a case of divorce against her for cruelty
Answer #4
713 votes
You have following remedies/options
The section 498a,354 ipc is cognizance offence
1.If you have enough material/ Evidence to show that the case is false, you may approach the court for anticipatory bail. But anticipatory bail is not allow in U.P.
2.If anticipatory bail is not your option, then you have to move the high court under section 482 crpc for arresting stay and quashing case.
3.if you fail there too,then arrest if imminent.
4.if before arrest the police also find that the case is false they may defer the arrest till they come to find conclusion. They may seek your say which if confirm their suspicion of the case being false,they may not arrest your brother but close the case as false. Such notice is to be issued in all cases where maximum punishment is up to 7 years. In the present case section 354ipc carries maximum punishment up to 5 years.
As per new sub section added to section 41 crpc the new section 41 (a)crpc mandates that a notice must be issued to the person concerned for the crime before arrest to file his say in the case. This is the best opportunity to place your material/ Evidence that would establish your innocence or the case against is false.
Though the offence is non bailable bail is not difficult immediately after arrest. You can then produce all the material/ Evidence that would infuse confidence for the police to realize that you are innocent and the case is false. The police may discharge you from the case under section 169 of crpc and close the case as B classification as false with or without Prosecution of the complainant.
5.and last suggestions for you that you can file a case against your wife section 9 Hindu law in family court.

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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