Note: the primary intention of this website is not to inform on how to get divorce from cruel wife, so people who are visiting with that intention can read my book or any other book on cruelty on husbands. And maybe stop asking the MRAs about how to get divorce based on cruelty/desertion etc, because most of them have no expertise on those topics anyway.
Original post continues below:
If a woman’s complaint accusing her husband and in-laws of cruelty under the dreaded Section 498A of Indian Penal Code turns out to be false, then the man is entitled to divorce, the Supreme Court has ruled.
First of all, this may probably be first such judgment from Supreme Court, but there are multiple such judgments from High Courts and lower courts. Recognition of false 498a as cruelty on husband is not a new phenomenon.
Usually such a judgment leads to much sharing on Facebook, and on various online forums, and email groups by 498a ‘victims’ who tend to think of this as a positive step.
Nothing could be further from the truth.
The keywords to be seen in such judgments is “false case”. Most acquittals in 498a will happen without the words “false case” or “malafide intention” etc. in the judgment. The judgment will simply say “lack of evidence” or “prosecution could not prove the charges”.
Most acquittal judgments on 498a will not proclaim it to be a false case, so for such acquittals one cannot file for divorce on grounds of cruelty, nor can one file any defamation suit.
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If we look at the details of judgment itself as reported in news, it is clear that all the courts from trial court till SC took the view that the 498a case was filed with intention to harass.
After the wife left her matrimonial home on June 30, 1995, the husband filed a divorce suit on July 14, 1995 on the ground of cruelty as well as irretrievable breakdown of marriage. The wife retaliated by filing a criminal complaint against her husband and seven of his family members under various provisions of IPC and Dowry Prohibition Act. The husband and his family members were arrested and jailed.
On the woman’s statement to police on the complaint lodged by her against her husband and his relatives, an apex court bench of justices Vikramjit Sen and PC Pant said, “This is clearly indicative of the fact that the criminal complaint was a contrived afterthought. We affirm the view of the HC that the criminal complaint was ‘ill advised’.”
The judgments about this case came based on statement to police by the woman. We don’t know the details of statement made to police was but probably it was something like: “My husband has filed a divorce case on me, so I want to teach him a lesson …” or some such thing. Of course our police will accept such statements as enough to register a 498a FIR, but such a case won’t stand in the courts. This case was very old with FIR filed in 1995, and we can expect today’s feminist wives to be much more careful and using suggestions and help from advocates in drafting of FIR itself. Which is not to say they will win in the end, but it is not easy to get a judgment proclaiming it to be false case in the courts. As things stand, the System always wants to protect the woman (white knighthood) and generally it will be tried to get the husband to settle maybe at lower lump sum amount rather than get a woman’s case deemed as false.
dk says
December 12, 2017 at 11:31 amFor proving a wife is cheating,spying her mobile can be considered her Mobile by her husband?
videv says
December 19, 2017 at 1:36 pmYes, any evidence is evidence provided you have not tricked a person to elicit it. But for husbands rules are always strict. If you keep spying for a long duration of time (say 2 years) and also continue to live with her, then it maybe taken that you are just suspicious, or have condoned her actions during that period.
shunyyo bakshi says
March 8, 2016 at 6:33 pmMy name is Shunyyo Bakshi and I am a psychology counselor(depression/stress/trauma etc)
I wud like to help as many of my male relatives too went thru a lot of harassment in the name of their wives..(not wanting to stay with in-laws,exorting money,emotional blackmail etc)…
If anybody wants counseling… Can contact:9768168440. (Free)
Manish Kumar Ghai says
December 14, 2016 at 2:32 pmHi Mr. Bakshi,
I m 498a and other related cases victim. My wife and in-laws named 6 of my family members(me and my mother, my sister and her husband, my material uncle and his son).
I have the understanding of how much your this effort is necessary for people like us.
I appreciate your help and pray to God to give u immense power so that u can easily remove all the tensions and depression of such people.
Thanks alot
Manish Kumar Ghai
9971788136
Navpreet says
September 18, 2015 at 1:03 amI got married to NRI girl on april 2014, after two months she went back to usa to apply for my petition to get me visa for usa, but their intension was to extract money from me, so she started asking me to pay 20 lakh to pay her old tax only then i could get visa, i refused to pay that sum of money. Knowing that she emotionaly blackmailed me that she has met with an accident and doesnt have insurance, so being responsible husband i sent 1 lakh rs in her mom’s account. But later she again forced me to pay 20 lakh but i refused and said her to come back to india and can live here with me. After hearing this she started threatening me and blocked my number. On august 20 i got a call from my neighbours that police is looking for me. I rushed to local police station and asked them about the matter, policemen replied that my wife has filed a complain that i have beaten her and not let her to step in the house. I told him that i dont even know ‘when did my wife come to india as she has blocked me from 2 months’ . Police investigated and found that my wife’s complain was false and gave me a report. On 1 september nri women wing’s employee came to my house and told me that my wife has given a complaint against me and my family 498a,406 ipc sec 34. I was really shocked to hear this. I went to women cell on the given date, i explained them about the false complaint my wife gave at local PS. But women cell is not ready to listen to me, instead they are asking me to appear at chandigarh after every 5 days. It is very hard for me to go there as it is 300 km from my home. My marriage function was arranged by my father and my inlaws and costed around 5 lakh in which half money was given by my father without dowry. No dowry. Now my wife has claimed that marriage was arranged by her father and cost 75 lakh and also she says 1 crore cash was given. I sent an TEP to income tax dep as my inlaws are bank corrupt in usa and doesnt have any source of money in india. I even tried to explain this to women cell but they are just continously asking me to appear. As my wife doesn’t have any proof, i dont understand why cant women cell just close the case and are continiusly asking to compromise even after i denied it.
videv says
September 25, 2015 at 7:40 pm>>i dont understand why cant women cell just close the case and are continiusly asking to compromise even after i denied it.
that’s how the zombies of women cell (like many other Indian govt dept) operate. CAW cell has very little real legal powers but then if people are scared so much of FIR, then why won’t they scare people and ask them to appear whenever they want to?
ali says
September 17, 2015 at 8:05 pmSir my wife has filed a false 498A under dp act. help me
Anil Kumar says
September 9, 2015 at 7:38 pmMy wife is suffering from Mental disorder since 2005. Her medical advisers told me to take the challenge and keep the marriage for the sake of kid. She is leaving her parents for many years and taking treatments and I regularly visit. Last month on a small verbal quarrel she got aggressive and from then not allowing me to go there. Now she has given me a legal notice in which can told that because of my torture she developed Bipolar disorder and verbally threatening to file case against me under 498a.
I want to know whether FIR can be filed by a person who is Bipolar (Bipolar disorder is incurable disease and it is mental disorder as well as genetic). In case it is filed, Will it be enough for me to produce her earlier treatment of mania to police to say that she is bipolar and therefore her statements are not trustable. (her latest treatments are not shared by her parents)
videv says
September 12, 2015 at 2:16 pm>> FIR can be filed by a person who is Bipolar
Why not?
>>In case it is filed, Will it be enough for me to produce her earlier treatment of mania to police to say that she is bipolar and therefore her statements are not trustable.
You can produce, but our police files FIR by women, and forwards then to court without going much into merits. It is beyond their competence, and even authority to judge whether a complaint can be rejected because person has bipolar.
sateesh says
September 8, 2015 at 11:05 pmSir/madam,The case is running in Warangal court.recently they asked us to give 3L to withdraw the case.by considering my family conditions we agreed for that.but they asked to give money to their hand for which our lawyer not accepted as he told that we will follow court laws.now we got a call from police station that they are conducting lok adalath where they may compromise the case.we are attending to court for every date given by judge.any thing will happen to me if I attend lok adalath.plz suggest on the same sir/madam.Sir/madam,today I attended for lok adalath there my wife demanded for 350000. The lok adalath team said to her to withdraw all the cases ( maintanance.498 A,and divorce petition.for that they agreed.here my question is what is the better way to give money to her.i mean is it better to give her DD or fixed deposit or by hand in front of judge or lok adalath team.if we give today for how many days it will take for divorce grant.
Please suggest me that what is the better procedure to come out from this issue.
Sir/madam thanks for your replay. Hi sir , what is the better and safest way payment weren’t it should not create any problem further.plz suggest sir.
sateesh says
September 8, 2015 at 11:04 pmCASE STUDY:I got married on 29-May-2011.Reception was done on 30-May-2011.Se stayed in my home for 1 month.My relatives all went of y June-15 like that.On June – 01-2011 her father came to my home and take er to home for ASADAMASAM month.After 1 month my parent’s wen with new saree , flowers & sweets to her house to bring back but there they created new sense by stating that their daughter want to study B.ED and for tat we ave to arrange college fee for her.and my wife said tat i want to stay separately with her in separate room.For that i didn’t accepted as my dad is retired employee and my mom is suffering with stomach cancer were the treatment is going in Indo – American Cancer Institute – Hyderabad.She complained on me that we are asking for additional dowry which is false statement.We kept 8 tolas of gold ornaments for her on marriage now those all ornaments are with them only but now they are saying that they are wit us.Being frank and honest the ornaments are wit them only and we are having all the original bills wit us.Not only this we are having all the original bills of all the tings like gold,sarees etc.she lodged complaint on my dad-65,mom-60 & my brother-26.Because of this case my family is suffering a lot.My dad is also suffering wit joint pains.He is unable to walk and my brother is in studying.We all are suffering a lot because of this for which their is no mistake from our end.She stayed in my home for hardly 15-20 days,for these days only she created newsence and lodged a complaint under 498-A.I am an private employee and brother also.We are not in a position to give maintenance. As my mom may live for 1-2 years er cancer is in 2nd stage.For hospital charges also we are selling our property.Aside we are also not in a position to pay the lawyer fee.Its becoming very difficult for us to run my family.I am having 2 sisters and one brother out of two 1 sister got married and 1 sister & 1 brother ready for marriage.
videv says
September 12, 2015 at 2:20 pmYou should focus energy on fighting in court with right evidence, cross-exam etc. Howsoever bad your personal/family situation may be, that is of no consequence to courts to decide on criminal cases.
ashokkumar c. chauhan says
July 22, 2015 at 10:02 pmpls gives SC judgement copy of granting divorce to man on the base of false IPC 498a complain
ashokkumar c. chauhan says
July 22, 2015 at 9:56 pmwant to get divorce on the base of false IPC 498a complain
videv says
July 25, 2015 at 7:37 pmWe are not about “how to get divorce from cruel wife?” You can read my book on divorce or any other book on cruelty against husbands and decide for yourself.
Shaik Ibrahim says
February 12, 2018 at 6:53 pmThanks sir for your valuable suggestions
lazarusjana says
July 13, 2015 at 5:07 pmVery helpful for victims like me. Greatful..