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Aug 94 min read

How To Prove False Allegations Of Wife In A Family Court ?

In The Article Below, We Are Going To Discuss The Probable Options One Has, In Order To Prove That The Case Filed Against A Man By His Wife Is False, With The Sole Intention To Merely Harass Him.

Possible Reasons To File A False 498a Case


  • It May Be Possible That The Wife Merely Wishes To Harass Her Husband And His Family Under A False Case Of 498a Or Is After Her Husband’s Money, As In The Case Of Mental Harassment Could Result In Him Paying A Hefty Amount As Compensation. 

  • If The Husband Refuses To Give Divorce, Then In This Situation He May Very Well Face False Charges Filed Under The 498a Case.

  • Smaller Issues In Marriage May Result In Huge Fights As A Result Of Negative Influence Of A  Third Party, Which May 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


If A False Case Of 498a Has Been Filed, The Duration For Which Such Case Continues Shall Depend Upon The Evidence Produced Before The Court And How Efficiently The Lawyer Appointed By You Could Represent You. 


  • Anticipatory Bail- It Is Advised To Seek An Anticipatory Bail As Provided Under Section 498a Of The Ipc. Applying For Such Anticipatory Bail Could Protect You From Arrest In A False 498a Case. 

It Would Be A Stressful Situation If A False Case Under Section 498a Of The Ipc Has Been  Filed Against You Or Your Family. The Situation Would Worsen If There Are Chances Of You Getting Arrested For No Fault On Your Side. Divorce Lawyers, Generally Do Not Advice You To Visit The Investigating Officer Without Having Protection In The Form Of An Anticipatory Bail. In Case  You Have A Reason To Believe That Your Wife Could  File A False Case Under Section 498a, It Would Be Favourable For Your Situation To 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 To Prove That A False Case Has Been Filed Against You-


  • Collect All The Evidence And Documents- The Most Important Step While Proving A False Accusation Is To Gather All The Substantial Materials Which May Provide Details Regarding The False Case Of 498a. You Should Start Collecting Evidence In The Form Of-

  • Any Conversation With The Complainant Either In The Form Of Telephonic Conversations, Sms, E-Mails, Letters, Call Recordings,Etc.

  • Conversation Proving That The Complainant Moved Out Of The House On Her Own. 

  • Any Evidence Which Proves That No Demand Was Made For Dowry, Either Before Or After The Wedding.


A Case Without Evidence Is Similar To A Body Without A Soul. The Most Important Step In A Court Case Is Evidence In The Absence Of Which Nothing Could Be Proved As Right Or Wrong. 

An Experienced Divorce Lawyer In Noida Could Help You Guide Through Collecting Evidence As Well As The Acceptability Of An Evidence In A Case. 


  • Cross-Examination- Is An Important Stage Where The False Case Filed By A Wife Could Get Demolished. It Is Advised To The Husband To Hire An Experienced Advocate Who Could Easily Help Them Through This Stage. 

  • Burden Of Proof For Proving The Charges Lies On The Prosecution’s Side, I.E.The Wife’s Side.

  • Statement Recorded Under Section 164 Of The Act Is Important, As After Recording The Statement Under Section 164, The Burden Of Proof Shall Shift Upon The Husband To Disprove The Allegations Made Against Him. 

  • During Cross-Examination, Such Questions Should Be Asked Which Contradict The Statement Given By The Wife And Not Those Which Could Provide Her With An Opportunity To Give An Explanation Of Her Statements.

    • For Example, If The Wife Claimed That She Was Beaten Up, It Should Be Asked Of Her In Cross-Examination That If She Filed Any Police Complaint For The Same Or Visited A Doctor For A Medical Treatment. 


Judgements


  • In The Case Of Lalit Bhatia V State Of Uttar Pradesh & Ors., (27 May, 2005, Allahabad High Court), It Was Held  By The Court That A False Case Of 498a Was Filed By The Wife With An Objective To Harass Her Husband And In-Laws. After Going Through The Records And Evidence Provided, The Court Concluded That The Case Was A Sheer Misuse Of Section 498a. 

  • In The Case Of S. Savitha V Mr. Velmuruga, (31/08/2017, Madras High Court), It Was Decided By The Court That Reckless, Defamatory And False Accusations Were Made By The Wife Against Her Husband And In-Laws Which Shall Negatively Affect His Reputation In The Society And Amongst Her Colleagues, This Act Of The Spouse Shall Be Called As Cruelty.


Conclusion- 


It Could Be, Thus Concluded That Proving A False Case Of 498a Is Not So Easy, However, It Is Not An Impossible Task Either, It Could Be Solved With The Help Of An Experienced Advocate. 

Lead India 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.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

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