The Section 498A of the IPC states that, “Husband or relative of husband of a woman subjecting her to cruelty, shall be subject to imprisonment for a term of three years and shall also be liable to fine.”
Section 498A of the IPC is used by a woman in India to file a complaint against her husband for mental , physical and psychological or any other kind of harassment caused to her. Today, a woman understands the use of the provision and holds it as a shield against any sort of matrimonial cruelty, as the law provides that the crime committed under this section is non-bailable, cognizable and non-compoundable.
Since independence, various laws have been made or updated with an intent to uplift and protect the rights of Indian women. However, for the last few years, activists have been raising concerns against such biassed provisions, where the law has been misused in some cases to blackmail or harass the family of the husband and and talk to lawyer.
For the last few years the misuse of Section 498A has seen a sharp rise and the cases have also increased a lot. Hence, it could be observed that these provisions do not recognise the abuse the males are facing, thus showing a disparity in the legal system of the country.
Protection against Section 498A of IPC-
It could be observed that the Indian laws have several loopholes that need to be addressed. In case a woman decides to misuse the provision of Section 498A against you, the following provisions could be of use-
Collect all the evidence or documents which could help you prove your innocence. It may include any conversation record between you and your family members with the woman or her relatives, such as SMS, e-mails, letters, call recordings, etc.; any evidence proving that the woman left the house willingly; any evidence to prove that no demands for dowry were made.
Anticipatory bail- in case you have reason to believe that, a case under Section 498A could be filed against you, it is advised to seek the assistance of experienced Divorce Lawyers In Delhi who could help you get an anticipatory bail, as well as could explain you other legal steps you could take to protect yourself from such harassment.
Have the 498A FIR quashed- you can also file an FIR against the woman for blackmailing you and filing a false FIR against you. It is advised to have your complaint drafted by experienced Divorce Lawyers In Hyderabad who could present your case in an organised and foolproof way.
The defamation case against false 498A case- also a case for defamation could also be filed against the woman for maligning your image by filing a false case under Section 498A against you.
Legal provisions to help in case a false case under Section 498A has been filed
Below mentioned provisions could be helpful, in case a false case has been filed against you-
Under Section 120B of the IPC could be filed in case the woman has been conspiring against you
In case you suspect that false evidence has been presented in the court against you, then you can file a case under Section 191 of the IPC that you are being wrongfully framed.
A counter case under Section 500 could be filed, in case the woman is threatening you to malign your reputation.
Under Section 227 an application could be filed in case where a wrong or false complaint has been filed by your wife against you in the court.
The courts and the authorities have become vigilant as the number of false cases have been increasing exponentially. Thus, there is no need to worry in case you face a situation where you are being dragged in a false case under Section 498A. It is advised to contact a Family Lawyer In Delhi who could help you through the legal provisions involved and could assist you through the various legal proceedings.
Lead India offers you a wide pool of experienced advocates who have been successfully handling cases related to domestic violence, dowry demands etc. and could offer you necessary guidance as well as assistance for the same.
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