How to safeguard myself if wife flase case of 498A against me?


I got married in December 2014. It was arranged...she is not able to adjust to my family and is rude and is unwilling to change...i have tried everything ...so i just need out....without getting harassed due to the legal system being biased towards women...what if i try for mutual consent and she files a complaint under 498A....so i need advice as to what can be done in my situation...the safeguards i can take. She is staying with me right now.

Answers (3)


251 votes

You can apply for Mutual consent after period of 1 year. If your wife agrees to give you Mutual consent the you can execute an MOU wherein you can decide terms of settlement and accordingly file a joint petition under Section 13(B) of Hindu Marriage Act and obtain divorce decree


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332 votes

You can file a divorce petition even while living under the same roof but make it sure in any case you haveto face the conequences but as an abundant caution you can adress a communication to the police authourities narrating your sufferings and apprehensions and in case she may agree for mutuall divorce you will be the luckiest person

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213 votes

Mutual Consent divorce is filed after both you and your wife have consented for the divorce and agreed to the terms of divorce. So after filing a mutual consent divorce, there is no question of her filing a complaint under 498A.
If you want to file a contested divorce, you can file one under the grounds of cruelty. In that case there is a possibility that your wife might get back at you with a complaint under 498A.
So, it is better you discuss your situation with your wife and get a mutual consent divorce.

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