Wife threatening to file false dowry case what can i do to save myself

Question

Wife threatening to file false dowry case what can i do to save myself

05-Aug-2023 (In Family Law)

dear sir meri shaadi ko 1 saal hua h. my wife muje dhamka rahi hai ki wo jhuthe dowry care me fasaa degi sir maine/humaare family ne aaj tak 1 rupaye na to demand kiya naa hi kucch bhi liya h. sir unki family ek refrigirator aur 1 washing machin jabarjasti rakh diya joki aaj tak maine khola nhi. bas wife ne refrigirator khola. ab wo muje dhamki de rahi hai ki ki wo muje dowry case me fasaa degi. sir please help me/guide me manish email- [email protected]

Answers (1)

Answer #1

Adv. Chikirsha Mohanty

Delhi | 200+ Answers

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LawRato LawRato · Accepted Answer · 2016-08-05T17:12:17+05:30

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.