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False 498a case filed by my wife
01-Apr-2025 (In Divorce Law)
"My wife verbally abused my parents at our wedding ceremony. In response, my parents requested a formal apology from her and asked her parents to accompany her to our home for a discussion regarding her unacceptable behavior. They also sought assurance that she would not repeat such behavior in the future. However, instead of apologizing or addressing the issue, my wife has filed a false case against me and my parents under Section 498A. What to do?
It is necessary that you share some more details so that I can assist you further in the matter. A thorough examination of the matter at hand will enable me to assist you further in the matter and advise you accordingly.
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Adv. Mikdad Zummerwala
Mumbai | 100+ Answers
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A wife can file a private complaint under Section 498A IPC in court. The Magistrate may order an inquiry. Apply for anticipatory bail, collect evidence, and defend in court. Seek mediation if needed. Seek legal help.
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Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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Sir, you can either get the matter quashed through the High Court by moving the Hon’ble High Court u/s. 482 of The Cr.P.C./528 Bnss 2023, i.e. if your matter falls within the ambit of the conditions/grounds/ guidelines set out by Hon’ble Apex Court in State of Haryana and Ors. vs Bhajan Lal and Ors.,
Or
You can move an application for discharge u/s. 239 of The Cr.P.C. 1973. Before the concerned magistrate i.e. after the chargesheet is filed u/s. 173 of the said Act.
Hope my answer resolves your query.
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Adv. Deepak Avhad
Mumbai | 25+ Answers
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