Wife filed complaint u/s sec 498 A against me how can I protect myself

766 votes

The positive as of now is that only a DDR has been recorded so far and not an FIR. You must take preventive steps first like filing a counter complaint if your wife had threatened you with a false case before. You will definitely have to visit the police station as if you do not they will visit you at your home. Ideal would be if you could somehow resolve the matter with your wife and ask her to take back the complaint. At this stage there is nothing more you can do

Advocate Rohan Mittal LawRato

834 votes

Sir since the FIR is not registered v should apply pre arrest bail.. This type of bail is required when u have apprehension of arrest..after u get this bail police officials will inform u in case an FIR is lodged against u..u will have a 7 day period den to get anticipatory bail

Advocate Hemant Chaudhary LawRato

965 votes

if wife/daughter-in-law who's demands are not met can make a written false complaint of dowry harassment to a nearby police station. The husband, his old parents and relatives are immediately arrested without sufficient investigation and put behind bars on a non-bailable terms. Even if the complaint is false, you shall be presumed guilty until you prove that he is considered to be innocent.

498a can only be invoked by wife/daughter-in-law or her relative. Most cases where Sec 498A is invoked turn out to be false (as repeatedly accepted by High Courts and Supreme Court in India) as they are mere blackmail attempts by the wife (or her close relatives) when faced with a strained marriage. In most cases 498a complaint is followed by the demand of huge amount of money (extortion) to settle the case out of the court. This section is non-bailable, non-compoundable and cognizable. There have been countless instances where, without any investigation, the police has arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. In these cases unsuspecting family of husband has to go through a lot of mental torture and harassment in the hands of the wife.
As per the latest judgment of supreme court, a wife cannot take advantage of section 498a of IPC. You shall have the right to approach the court through an advocate through various proofs and documents required. But before you proceed to take legal action against her you try to resolve the differences between you and your wife or else you shall file FIR against wife in the police station.
So, the following steps shall be taken-
a. try to resolve the differences on own accord
b. if the differences are resolved approach the nearby police station and lodge a FIR against your wife for threatening you for false institution of case under section 498a of IPC.
C. approach the court with all the nescessary documents and proofs against your wife that make your case stronger though a senior advocate of the court.
please take note that jurisdiction of the court will depend on the place where the cause of action has arisen and FIR has been registered.

Advocate Siddharth Gupta LawRato