LawRato

My wife filed 498a case section on me and my family members


02-Nov-2024 (In Divorce Law)
My wife filed 498a case section on me and my family members in police station. She said dowry and sex harrassment on me. But it was false allegation on me. Even we submit some proofs to SI but still they consider her 498 a case and FIR registered on my family members . Now how to defend SI saying take 41a notice we will open charge sheet.
Answers (3)

Answer #1
880 votes
You appear before the court and fight case with valid proof of not cleared In the station. If you have any documents to show you are an innocent then you will win the case easily. If you need more advice please contact me.
Helpful? LawRato LawRato
Answer #2
517 votes
Hello, your wife has failed complaint against you and your family member and section 498A of Dowry harassment act on false allegation. And Police has lodged FIR under section 498 A and other sections then Suprem court passed many judgements in favour of husband and family members of husband that they can’t be prosecuted If any specific allegations are not made and they are not staying with them you can go for 498A quashing if you have evidence to shows that all of allegations imposed by your wife and many other remedies remedies available.
Helpful? LawRato LawRato
Answer #3
620 votes
Take 41a notice. Go and give statement to the police. Whatever you say, they will register an FIR. Mostly the police won't accept your proofs and even if accepted, they will not include in the charge sheet. Try sending your proofs and statement of facts by email refering your FIR No. Also by registered post and mention clearly that these proofs you provided were not accepted by the investigating officer. These things can help you when you go to High Court for quashing the FIR. 99% of the time, High court will quash the case against your family members of the case is frivolous and these proofs of documents sent by email and registered post can also help you. Ask him to file the charge sheet at the earliest. Then only you can file for charge sheet. unless your violence alleged is of grave nature, the chances of conviction is close to zero, if your lawyer adopt sound strategies at the right time
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."