Legal Question in Family Law in India

Punishment for False case under Sec - 498A

I am married since 3 yrs and have 11 month old daughter ..My wife is having Very Low IQ ...went to Doctors...Not willing to take treatment ...I am totally fed with this behaviour ...want divorce ..they gave dowry...I never in 3yrs insisted on any extra dowy..now her fatehr is threatening to complain under sec 498A ...Could you pls tell me what would happen when such complaint is filed ...and if proved that the complaint is not true ..what punishment /penalty given to her father...I am ready to return whatever they have given to me ...I am totally fed up !!!

Asked on 6/23/07, 10:36 am

7 Answers from Attorneys

G. M. Gupta gmguptaandassociates
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Re: Punishment for False case under Sec - 498A

i have already answered it

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7/06/07, 3:08 am
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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Re: Punishment for False case under Sec - 498A

the only solution for u is to make an effort for compromise; if complaint is filed against you, it may result into your arrest and criminal trial; if the allegations are proved against you, it may result into your sentence also. better, make all out efforts for a compromise even if it is not on your terms.

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6/26/07, 9:15 pm
rajeshwar sharma rajeshwarnathsharma
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Re: Punishment for False case under Sec - 498A

Your father-in-law has no legal right to file any complaint against you u/s 498A as this remedy and right has been given to the wife only.

And if any body filed false compaint if proved than that person can be prosecuted u/s 177 IPC and the punishment is 6 months

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6/23/07, 11:17 am
RAJIV GUPTA (Cell: +91 9811284735) lawnrajiv@gmail.com
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Re: Punishment for False case under Sec - 498A

in case they file a complaint, the best option available is to seek anticipatory bail from the competent court. now a days the bail is granted upon imposing some financial conditions. it is advisable you file a divorce petition as well. if you can prove medically that she is having psychological disorder, then only you may file for annulment. where you from . in case you mention your place of abode, i suggest you other practical solutions.

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6/27/07, 3:00 am
kavitha balakrishnan kpp associates
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Re: Punishment for False case under Sec - 498A

Sec - 498A has to be preferred only by your wife - and for false case - if proven u/s 177 6mnts imprisonment or Rs.1000/- fine! nothing more - go for a divorce!

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6/25/07, 12:58 am
Homi Maratha N.N. Maratha & Co.-Advocates
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Re: Punishment for False case under Sec - 498A

hello

your father in law has got no right to complaint under this section 498-a. the rights are given to the wife and inspite if he lodges a false complaint against you then he is bindable under sec 177

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6/25/07, 1:51 am
Alok Sharma Alok Sharma & Associates
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Re: Punishment for False case under Sec - 498A

In case a crminal case is registered you will have to obtain anticipatory bail thereafter trial will follow, which may result in your conviction and sentence. So sane advise is to obtain divorce by mutual consent by paying money to her, if she agree. You can not get any relief by proving her mental illness as the same is not of that decree which is required under HM Act. It is more than 3 years, you can not ask for annulment.

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6/27/07, 1:17 pm

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