Wife filed false 498A case and asking for huge amount to withdraw it

Hello Dear legal experts,greetings of the day!  I got married on 26/03/2016,with unmarried girl 34 yrs from same city,caste,Hindu religion,that was arrange & dowry-less marriage,after marriage,my fake wife never stayed at my home for one single day (24 hours),& no physical relationship with her.On 06/04/2016 She went to her work place (Kerala state) without informing me & my family and no phone calls between us .Directly she came after 70 days & filed false (498a,DP Act,506) against me & my family members.Now she demanding 30 lakhs to withdraw false case.her real intention is to make easy money on the name of marriage by filing false case,I am victim of show marriage / fraudulent intention marriage,I made a police compliant but no action was taken.Now my query about IPC section 496 related to fraudulent intention marriage / mock marriage,a man & a women may be guilty under 496?,or punishes only a man?.Thanks in advance Lawrato & Legal Experts!

Answers (2)

206 votes

Here you can approach the Hon'ble court to get a remedy as you said the police did not take action. If you have proper proof to show that the lady is of such nature and she left to Kerala, non consummation of marriage on these grounds you can apply or divorce.

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129 votes

496 of IPC punishes both woman and a man.

The onus of proof is on the person who claims that there was fraudulent intention

The essence of the offence is that the marriage ceremony should be fraudulently gone through and that there should be no lawful marriage the parties to the marriage or at least one of the parties must have the knowledge that there is no lawful marriage.

In other words, to constitute the offence under this section the prosecution must prove that the accused know that there was no valid marriage and he had gone through a show of marriage with a fraudulent or ulterior motives.

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