Wife threatening to file false case against me under 498.

I recently got married in February 2015 but my wife has got a huge problem with her arrogant,egoistic & self proclaimed modern thinking with hell lot of proud on her qualification & job which is very common these days. She argues up to that level where anyone can be irate. Due to all these qualities me & her had frequent fights. When it was reported to her parents than instead of trying to make her understand they are now threatening me to file a case under 498 against me & my other family members. How can safeguard me and family from any trouble?

Answers (2)

244 votes

Primarily you can adress a simple communication to the police authorities thereby narrating the entire happenings and your aprehensions, and you can also invoke the jurisdiction of courts but each and every decision could be taken after having detailed round of discussions and it is also to be seen if your better half is staying with you or with her parents

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184 votes

False dowry harassment cases under Section 498A of the Indian Penal Code, 1860 and other related provisions have now become routine in India. They are often misused to coerce the husband's family to "settle" a marital dispute and there have been several instances where innocent senior citizens have been arrested or taken to the police station for questioning.

If you are apprehending the arrest of you or your family based on a false case, then applying for anticipatory bail under Section 438 of the Code of Criminal Procedure, would safeguard your liberty. Anticipatory bail is in fact a misnomer as it is a pre-arrest procedure and therefore cannot technically be considered as bail. It does however provide you with a Court Order which directs your release on bail in the event of your arrest.

If the perceived threat of a false case is imminent, it would be best to ask an Advocate to file for anticipatory bail on your and your family's behest. If we could be of any further assistance to you, please let us know. We are here to help.

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