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Seeking help regarding a false 498A case filed by my wfe


03-Aug-2023 (In Divorce Law)
My wife filed a FIR u/s 498A against me on 26.07.2022. Charge sheet is not filed yet. It is false case. Actually me wife does not want to stay with my mother and wants to leave with me in a rented house and refused it. That why she filed the case against me and my mother. My wife is residing in the paternal home since 10.07.2022. Moreover, we have a 4.7 years old son who is with his mother. Kindly guide what to do..Regards
Answers (4)

Answer #1
760 votes
Yes, you can quash the 498(A) proceeding against you. You have to approach the High Court and file a quashing petition praying for quashing of the 498(A) proceeding. If you have enough documentation then you can get the case quashed. If you are from Guwahati you can approach the Gauhati High Court.
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Advocate Suman Das

Adv. Suman Das

LawRato Guwahati | 50+ Answers
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Answer #2
574 votes
File a petition for Restitution of Conjugal Rights, if you want to bring her back. Moreover you need not worry about the 498A case.. even if the case will be charge sheeted, you will not be convicted, unless your wife proves her case in the Court. I m from Tinsukia, Assam.. my contact Number is seven, double zero, two, five, nine, six, one, seven, eight. If you are from Tinsukia Or any nearby district, then you may directly contact me.. Thank you..
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Advocate Naba Kumar Das

Adv. Naba Kumar Das

LawRatoTinsukia | 25+ Answers
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Answer #3
961 votes
section 498-A indicates cruelty against all men or husbands. This section is punishable and both fine also. In your case I would advice you that if you want to live together with your wife you should go to police station and call your wife there itself, well treat her and both of you compromise and ask her to withdraw the FIR having a friendly talk with the concerned police officer and live with your wife happily and on the other hand if your wife refuse to compromise then follow the court procedures accordingly
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Advocate Kabita Bara

Adv. Kabita Bara

LawRatoGuwahati | 25+ Answers
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Answer #4
871 votes
You should file a case for restituition of conjugal rights. If she does not want to sray with your family then it amounts to cruelty. You can file a divorce also. you can file a suit for custodt of your child also
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Advocate Nandita Talukdar

Adv. Nandita Talukdar

LawRatoGuwahati | 25+ Answers
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