Question: What Is The Punishment For False 498a?

How do I withdraw from 498a?

You can withdraw the sec 498a case as it is a compoundable office.

For this you need to file a withdrawal petition application in the court where the complaint has been filed stating you do not want to pursue this case.

Thereafter the case will be withdrawn..

What is the punishment for misuse of 498a?

Section 498A states that if a husband or relative of husband of a woman subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offense under Section 498A is cognizable, non-compoundable and non-bailable.

What happens to girl after false 498a?

498a will eventually lead to divorce, no matter what anyone tells you. It may happen a few months later or a few years later. But, divorce is guaranteed after 498a.

How can you protect yourself from false 498a?

Get an Anticipatory Bail: If you think your wife may file an FIR under Section 498A, hire a criminal defense lawyer and get an anticipatory bail to prevent yourself or your family member’s arrest. Anticipatory bail is like a precautionary bail in case police move ahead to arrest you or your family members.

Can husband File Case Against Wife parents?

The husband has to take legal steps to safeguard his interests in protecting himself from possible criminal complaints that the wife’s family may initiate including dowry harassment, marital cruelty u/s 498A and 406 IPC, maintenance claims etc. … u can file FIR in PS of ur area under 362 of ipc against her parents. 2.

How do I settle my 498a case?

Before settlement of 498a you should settle the pending case in family courts if any.by taking the divorce or settle through out of courts. ( by deciding to stay with husband) so 1st remedy is you should settle the family court case first.

Is bail is possible in 498a case?

Once the FIR under section. 498a/406 is registered it is better option to take anticipatory bail in the offences as read in the FIR. When a specific provision is there for maintenance of wife and child such conditional anticipatory bail in 498a is against the law. …

Can wife take back in 498a?

The charge against section 498A is non compoundable, So, your wife can not withdraw it of her own, 2. She has to give such evidence before the Court which will exonerate you.

What happens if 498a is proved?

Women use the weapons called Section 498A and Dowry Act to file a false complaint so as to attack their husband. … Even if the complaint is false, the accused is presumed to be guilty until he or she proves innocence in the court. The maximum punishment if proven guilty is imprisonment for three years.

Can husband filed defamation case against wife?

Defamatory case can be filed for the grounds other than 498A allegations made by your wife. … During defense evidence you may bring some witnesses and let the Court know that prosecution witnesses were purchased by your wife. You may use section 120B of IPC but it can be replaced by any other section like 34 or 149 IPC.

How long does a 498a case run?

7-10 yearsBecause even if you don’t try to delay anything, a 498a case may run for 7-10 years at the minimum anyway.

How do you prove a 498a case is false?

A counter lawsuit can be filed by the man under Section 500 (Defamation) of the Indian Penal Code, 1860 for defamation. A case under this section can be filed in case a woman tries to malign the image of her husband and his parents by falsely accusing them under this section and dragging them to court or jail.

How do you fight against 498a misuse?

You can also buy a telephone recorder. 2) Write a complaint to your nearest police station, detailing about blackmailing, her false allegations and her unscrupulous behavior. And request in your complaint to make her stop the threats and abuses immediately. 3) File RCR (Restitution of Conjugal Rights).

How do I remove my name from 498a case?

U can file a petition under section 482 cr. p.c before high court in whose jurisdiction fir registered praying to quash the fir and stay of further proceeding arising out of fir including arrest.

What is the bail amount for 498a?

On compliance of afore-noted consent directions, in the event of arrest, petitioners would be released on bail by the I.O. on their furnishing a personal bond in the sum of Rs. 10,000/- each with one surety each in the like amount to the satisfaction of I.O.