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  • leadindia836
    • Mar 7, 2023
    • 4 min read

What Evidence Required To Prove False 498a

Over the past seven decades, India has created and altered a large number of laws protecting women, all with the specific aim of advancing and defending Indian women's rights. Nevertheless, in recent years, a number of activists have spoken out against such discriminatory legislation and recommended harassing women to seek a divorce in India.


Over the past few years, there has been a discernible increase in fraudulent 498A cases and the abuse of Section 498 of the IPC. The 498A is frequently used as an easy method to resolve conflicts when there isn't a clear-cut consensual divorce procedure.


There is a clear discrepancy in the system because these guidelines have been demonstrated to neither protect or acknowledge abuse done against men in comparison to women. The husband will require a divorce attorney to defend against these bogus accusations, such as cruelty in divorce situations.


In these cases, there is a high chance that the family of the wife started torturing the parents of the husband. In such a situation, it is necessary to seek protection for the husband’s family.


As we all know our law favors women. No one thinks about the husband’s family. In such cases, if the husband lives somewhere outside and the wife and her family live in the same city where the husband’s family lives then the chances of harassment are high. There are various remedies that husbands can seek in such cases.

In these situations, there is a good possibility that the wife's family began torturing the husband's parents. It is vital to seek protection for the husband's family in such circumstances. We all know that our legal system favors women. Nobody gives the husband's family any thought.

The likelihood of harassment is higher in such situations if the woman and her family reside in the same city as the husband's family and the husband lives elsewhere. The husband may seek a number of remedies in such circumstances.


If their wife makes an inaccurate complaint against them, a man has two choices: either defend their case and wait for the outcome or file a counter-complaint against their wife and prove them wrong.


Men may file counterclaims against their spouses in an effort to fortify their case and hasten the process of resolution. They have the following alternatives for protecting themselves and their family:

  • A husband against his wife might file a complaint under Section 120B of the IPC, 1860, as she is preparing to commit a crime against him and his family. This is a punishment for criminal conspiracy.

  • According to Section 182 of the IPC, 1860, it is unlawful to provide false information in an effort to persuade a public employee to act injuriously toward another person. When a public figure wields his power to effectuate a likely impossibility, false information is frequently spread to cast doubt on the facts.

  • Section 500 of the 1860 IPC: Defamation The most valuable asset is one's reputation. As a result, if someone slanders someone, they may utilize any and all legal measures to hold them accountable for the harm caused by their bad behavior. They will have the financial resources to make up for the losses.

  • Criminal Threatening The wife could be sued by the husband under Section 506 of the IPC, 1860, for allegedly making threats against him, his family, or his property. Once more, the evidence is the only thing that can back up his claims.

  • CPC, 1908, Section 9, Damage Recovery Case: If the wife enters the husband's home, causes a disturbance, and contacts a "protection authority" while falsely alleging that the husband tormented her "emotionally, physically, or financially," the husband may file a damage recovery lawsuit under Section 9 of the CPC against her. He must formally give notice on the same day, or close to it. The legal battle will go on for a while.

  • Keep copies of any correspondence (including phone calls, chats, emails, and letters) with threatening parties in a secure location and avoid presenting the actual proof in front of anyone.

  • Obtain evidence that they did not ask for dowry, that they did but still accepted it, or both.

If a false case has been filed then the husband should seek advice from a lawyer. Divorce lawyers in Delhi will be capable of giving the best legal advice. Divorce lawyers in Gurgaon can also give advice if the case has been filed in Gurgaon. Likewise, a divorce lawyer in Noida can be appointed if the case has been filed in Noida.


The fallacious argument against men is becoming more and more commonplace, and it is a major issue since it ignores fundamental liberties. Anyone can understand the problem since everyone is aware of how women manipulate the legal system to get what they want from their husbands without abiding by the law.


You can also contact Lead India. You can talk to a lawyer for solving a legal dispute. Likewise, You can ask a legal question while seeking free legal advice.


Call Us: - +91-8800788535


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