The provision of Section 498A of the IPC was introduced by the legislature to ensure the protection of women who have been a victim of abuse or cruelty by their husband or their family. However, the law which was made to protect the women now is being misused by them as a weapon against their husbands or in-laws. In the following article, we are going to discuss if the husband has the right to file a countercases against such false cases.
Section 498A of the Indian Penal Code- if a woman is being subjected to cruelty by her husband or her in-laws, then as per the provisions of the Section 498A of IPC, the husband, as well as the in-law, shall be punished for a period of 3 years with fine. It has to be understood that Section 498A of the IPC is a substantive provision, empowering a woman the right to file a case against her husband or her in-laws in case of an act of cruelty has been committed against her.
When can a countercase be filed against a false case of 498A?
Though, the provisions of Section 498A of the IPC provide protection to a woman against an act of cruelty committed by her husband or in-laws and do not provide any protection to the husband or the in-laws if the provisions of the Section are misused against them. Mentioned below is a list of substantive provisions provided in the IPC, which could be helpful in filing a counter case against the wife in case she files a fake case under the provision of Section 498A-
As per the provisions under Section 120B of the IPC, a husband can file a case against his wife, if it is found by him that his wife is conspiring a crime against him.
In case the husband has been wrongfully framed by his wife by using some false evidence, a countercase could be filed against her under Section 191 of the IPC against her.
In society, the reputation of a person is most important, as it not only affects his personal life but his professional career, as well as his social life, is also affected by it. Thus, in case the wife threatens to defame or malign the husband or the image of his family members by making false accusations, a counter case of defamation could also be filed under Section 500 of the IPC.
Also, if the wife threatens the husband to cause some harm to him or to his family members, he could file a countercase against her under Section 506 of the IPC.
If it comes to the knowledge of the husband that a false case under Section 498A of the IPC has been registered against him by his wife, then a countercase could also be filed against his wife under Section 227 of the IPC insinuating that the case so registered against his under Section 498A is bogus and baseless.
Also under Section 9 of the Code of Civil Procedure, the provision has been provided for the recovery of damages against the wife, if she breaks into the house of her husband while creating a scene falsely alleging that she has been abused emotionally or physically.
Protection against false allegations made under Section 498A-
Following are some of the remedies mentioned, which could be helpful in case the husband seeks to protect himself against the false case of 498A of IPC
All the evidence and documents should be collected- first of all, the husband should start assembling the evidence with all the substantial materials which are related to the case filed under Section 498A of the IPC. This evidence could include any recorded conversations between the family of the husband or the husband himself with the wife in the form of text messages, emails, video recordings etc. Evidence that is related to the wife leaving the marital house as well as evidence that proves that no demand for dowry was ever made.
To get an anticipatory bail- if the husband has reason to believe that a case could be filed against him under Section 498A of the IPC, he should hire a lawyer to get an anticipatory bail in order to protect himself and his family members.
File a case under Section 482 of CrPC- a false case filed under Section 498A of IPC could be quashed by the High Court as provided under Section 482 of the Code of Criminal Procedure, if sufficient proof has been provided and the High Court is satisfied that the allegations so made in the case filed under Section 498A of the IPC are bogus and false.
Defamation case- As has been mentioned above, a case for defamation or blackmail could also be filed by the husband by filing an FIR against the wife.
Conclusion
As could be understood from the above-mentioned discussion, in case a false case has been filed under section 498A of the IPC, various provisions have been provided by the law, under which the aggrieved party could take proper action. If the husband is an NRI, he shall immediately seek the advice of Immigration Lawyer Ahmedabad, who can offer him proper advice related to the provisions of law involved as well as various steps which could be taken by the defendant.
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