In the following article, we are going to discuss the probable options one has to prove that a case filed against a man by his wife is false, with the intention to merely harass him.

Possible reasons for filing a false 498A case

• Wife may wish to harass her husband or his family under false case of 498A or is after her husband’s money, as a case of mental harassment could cause him to pay a hefty amount of compensation. 
• If the husband refuses to divorce, then he may very well face a 498A case.
• Small problems or fights in a marriage may result in huge fights due to negative influence of a third party, which could result in the filing of a 498A case.
• In order to save herself from any charges filed by her husband, for example, if she has been found out by her husband committing adultery, she may file these false cases so as her husband could not prosecute her for adultery.

To prove a false case of 498A

When filing a false case of 498A, the duration for which a case would continue may depend upon the evidence produced and how efficiently your lawyer could represent you. 

• Anticipatory bail- it is advised to seek anticipatory bail under Section 498A of IPC, if you have reason to believe that a case under Section 498A could be filed against you. Applying for anticipatory bail could protect you from arrest in a false case of 498A. 

It would be a stressful situation when a false case under Section 498A of the IPC is filed against you or your family. The situation may worsen if there are chances of getting arrested for no fault on your side. It is advised by the divorce lawyers to not visit the Investigating Officer without having protection in the form of an Anticipatory bail. If you have reason to believe that your wife may file a false case under Section 498A, it is advised that you hire a divorce lawyer in Mumbai or a divorce lawyer in Kolkata, or your own city, who could help you get an anticipatory bail.

Important steps so as to prove that a false case has been filed against you-

• Collect all Evidence and Documents- a very important step while proving false accusation is to gather all the substantial materials which could provide details regarding the false case of 498A. You could start collecting evidences including-

• Any conversation held with the complainant either in the form of telephonic conversations, SMS, e-mails, letters, call recordings,etc.
• Conversation proving that wife moved out of the house on her own. 
• Any evidence proving that no demand was made for dowry, either before or after the wedding

The most necessary document in a court case is evidence, in whose absence nothing could be proved as right or wrong. 

An experienced divorce lawyer in Noida could help you with collecting evidence as well as the acceptability of an evidence in a case. 

• Cross-examination- is an important stage, where a false case filed by the wife could get demolished. It is thus advised  to the husbands to hire an experienced advocate who could help them through this stage. 

• Burden of proof would initially lie on the prosecution’s side, i.e.the wife’s side.
• Statement recorded under Section 164 of the Act is important as after the statement under Section 164 has been recorded, the burden of proof  would shift upon the husband to disprove these allegations. 
• During the cross-examination, questions should be asked which contradict the statement given by the wife and not those which may provide her an opportunity to give an explanation of her statements.
• For example, if the wife had claimed that she was beaten up, it must be asked of her in cross-examination, whether she filed any police complaint in this regard or visited a doctor for medical treatment. 

Judgements

• Lalit Bhatia v State of Uttar Pradesh & ors., (27 May, 2005, Allahabad High Court)- in this case, it was held by the Court that a false case of 498A was filed by the wife with the objective to harass her husband and in-laws. After going through the records, it was concluded that the case filed was a sheer misuse of Section 498A. 
• S. Savitha v Mr. Velmuruga, (31/08/2017, Madras High Court)- in this case, it was held by the court that reckless, defamatory and false accusations were made by her against husband and in-laws which would negatively affect his reputation in the society and amongst her colleagues, this act of the spouse, hence would be counted as an act of  cruelty.

Conclusion– 

It could be concluded from the above discussion that proving a false case of 498A is not so easy, however, it may not be an impossible task either and could be sorted out with the help of an experienced advocate. 

Lead India Law offers you a wide pool of experienced advocates who have been successfully handling cases related to dowry cases, domestic violence cases, false cases under Section 498A,etc. In case you wish to talk to a lawyer or ask for free legal advice, you may contact us.

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