Fake 498a and impotency and 376 case against family members

Question

Fake 498a and impotency and 376 case against family members

06-Nov-2025 (In Divorce Law)

I married with a lady in year 2023 but after 15 days of marriage and after proper vidaai my wife and their family members switched off their phone and later refused to stay with me and threaten to file fake cases. She also taken jewellery and cash around lakhs to clear dues which I saved I immediately complaint with police but did not get any help and after wards I move to the court and file section 9and get rcr decree but she not returned and after around 3 years they file fake cases.

Answers (5)

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Adv. Vishali Verma Adv. Vishali Verma

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Advocate Paras Mahalwal LawRato · Accepted Answer · 2025-11-07T00:24:22+05:30

Answer #2

You have already taken the right legal steps by filing a police complaint and subsequently pursuing a case under Section 9 of the Hindu Marriage Act (Restitution of Conjugal Rights). Since your wife did not return and more than one year has passed after obtaining the RCR decree, you now have a strong ground to file for divorce under Section 13(1A) of the Act for non-resumption of cohabitation.

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Advocate Jitender Singh LawRato · Accepted Answer · 2025-11-07T08:15:12+05:30

Answer #3

If she had taken jewelry and cash with her then you must have approached the court and file for registration of FIR against the culprits. And you can also anytime file a divorce petition before the family court according to your jurisdiction.

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Advocate Abhishek Sati LawRato · Accepted Answer · 2025-11-07T21:13:33+05:30

Answer #4

Your immediate priority must be a robust defence against the false cases filed against you. We will promptly secure anticipatory bail to prevent any arrest and simultaneously file a petition to quash the FIR, highlighting the RCR decree in your favour and the three-year delay as clear evidence of their mala fide intent to harass you. This documented history of her desertion and the court order she disobeyed are your strongest shields to expose these cases as a retaliatory tactic. Concurrently, we will launch a decisive legal offensive. Based on her continued desertion despite the RCR decree, we will file for divorce on grounds of mental cruelty and desertion, strengthening our case with the fact pattern of her false allegations. Furthermore, we will initiate criminal proceedings for the theft of your jewellery and cash and explore a defamation suit for the damage caused by these false cases, turning the tables legally to hold them accountable.

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Adv. Abhishek Sati Adv. Abhishek Sati

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Advocate Harshit R Gupta LawRato · Accepted Answer · 2025-11-07T21:26:30+05:30

Answer #5

Firstly, you can seek quashing of the FIR against you. Quashing is a discretionary relief for which analysis of your facts and evidence is required. Secondly, file divorce now on the ground of non restitution and any other ground, if constitutes. For precise advice detailed analysis of facts is prerequisite.

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Adv. Harshit R Gupta Adv. Harshit R Gupta

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