What to do if a false cruelty case is registered against you? How to defend yourself in false Section 498A IPC case?
What to do if a false cruelty case is registered against you? How to defend yourself in false Section 498A IPC case?
Find out four (4) steps to deal with false cruelty or dowry demand cases filed by wife under section 498A of the Indian Penal Code (IPC).
A wife can file a criminal complaint against her husband and his family under Section 498A IPC for subjecting the wife to cruelty and dowry demands. In several cases, false Section 498a case is filed by wife for reasons such as extramarital affair of wife, getting maintenance/alimony from the husband, teaching the husband a lesson for matrimonial disputes, or to get husband and his relatives arrested immediately.
Police normally does not conduct in-depth investigation, husband’s side is ignored and even courts generally presume wife to be the victim. Ultimately, men often fall victim to such false criminal cases.
There are 4 important legal remedies husband can use to defend himself:
1. Apply for Anticipatory Bail with help of a good criminal lawyer.
2. Collect evidence such as calls, messages etc. to rebut claims of cruelty, harassment and dowry.
3. File a complaint against wife.
4. File a petition for restitution of conjugal rights under Section 9 of Hindu Marriage Act with assistance of good divorce lawyer.
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