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  • leadindia836
    • Apr 12, 2023
    • 3 min read

Will False 498a Case Affect My Career ?

Section 498A of the IPC was introduced to protect married women from the act of domestic violence and to ensure the protection of their interest. However, the current statistics highlight the fact that this provision is broadly being abused by the women for their advantage and is consequently causing a nuisance to the innocents. The Supreme Court of India has even described Section 498A as “Legal Terrorism”.


The misuse of this provision is consistently being witnessed and the offence under this provision being cognizable and non-bailable works in a totally bother-free way on the objection of the wife putting the husband or his family members behind the bars. A number of cases have come to light where women abuse the arrangements of this provision to get separation from their spouses and remarry or even increase financial remuneration after separation.


Answering to the question if a false case of Section 498A would affect your career or not, a FIR filed by your wife would not legally bar you from applying for a job or from continuing your job until you are convicted. For further details, it is advised to seek necessary guidance from experienced divorce lawyers in Delhi.


Section 498A

Provided under Section 498A, it will be a crime committed by the husband or his family members when they subject a woman to mental cruelty which may ultimately drive the woman to commit suicide or cause any physical or mental injury so as to coerce her or any relative of hers to any unlawful demands of property.

Protection against false cases filed under 498a IPC ?

Explained below is a list of remedies which could help one to protect himself or his family members when a false complaint is filed against him or in case he is being threatened for the same-

  • Evidence and documents- the first step when proving a false accusation under Section 498a as false is to gather all the substantial materials elaborating on the details related to the cases. You must start collecting evidence related to any conversation held between your family members and your wife in the form of SMS, e-mails, letters,call recordings, etc. Also, you can also produce evidence proving that your wife moved out the house willingly, or any other evidence proving that no demands for dowry were made during the marriage or before it.

  • Anticipatory Bail- in case you believe that your wife is about to file a false FIR under the Section 498A of the IPC, you have to immediately hire a divorce lawyers in hyderabad so as to get an anticipatory bail to prevent any arrest. Anticipatory bail is a precautionary bail in case the situation arises where the police arrest you or your family members.

  • Get the FIR under 498a quashed- A case could also be filed for the quashing of FIR under Section 498a of the IPC in the High Court of the respected state as has been mentioned under section 482 of CrPC, if you have sufficient proof.

  • File a counter FIR against the wife- a counter FIR could also be filed against the wife for blackmailing or filing a false FIR against you or your family. You must get your complaint drafted by a good family lawyer in delhi so that such an FIR could not be easily rejected by the police on any grounds.

  • File a defamation case against false 498a case- a defamation case can also be filed against the wife in order to malign your image by filing a false case against you.

Conclusion

In the present times, the Indian courts as well as the enforcement authorities have become vigilant while dealing with cases related to Section 498A, as an increase in these false case is being continuously observed.


However, if you are a victim of these false cases, it is important for you to be aware of your legal rights in order to exercise them when necessary. An experienced divorce lawyers in delhi can help you with the same and could also assist you in taking a proper legal action for the same.


Lead India offers you a team of experienced advocates who have been successfully dealing with cases related to divorce, child custody, etc and can help you with the same. Hence, if you wish to seek free legal advice online or talk to a lawyer, you may contact us.


Call Us: +91–8800788535


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