Dowry Threats Family Protection - Securing Anticipatory Bail in India

Dowry Threats Family Protection - Securing Anticipatory Bail in India

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Given Indian laws are replete with unidentified loopholes the legal recourses for anyone in case a spouse’s motive of misusing the law is known and even indicates registering a false case u/s 498A for personal profit.

Get all Evidence & Documents: First and foremost in proving an accusation is false would require gathering all corroborating evidence emphasizing adequately on the 498A case details.

One ought to start collating and compiling as much evidence as possible, including:

Any discussion amongst the husband’s family member and the wife or any form of communication including SMS, emails, letters, call recordings and so on between the wife or her relatives.

Any evidence at all that the wife walked out of her own volition

Any proof at all that dowry wasn’t demanded prior to or post-wedding

Anticipatory Bail: If the husband thinks his wife may under Section 498A file an FIR, he may have a criminal defense lawyer get an anticipatory bail preventing the husband’s as well as his family member’s arrest.

Consult with LawZapo with regards to Criminal Lawyers in Mumbai who can assist with matters related to Property, Criminal, Corporate, Family Law matters.

Anticipatory bail is similar to a precautionary bail averting arrest Any of the spouses can file for an anticipatory bail u/s 438 of Crpc.

Quash 498A FIR: Any of the spouses can get the false 498A FIR voided by appealing to the High Court u/s 482 of CrPC.

Once an FIR has been filed the Courts are usually reluctant to void an FIR or get involved in the Police process, however, if there is enough evidence, the court can void the fake 498A FIR that the wife may have filed.

File an FIR check here alleging the wife for false 498 A complaint: The husband may file an FIR against his wife as well for blackmailing or filing a fake 498A case against the husband.

The Indian police simply do not approve such FIR; the only exception being if the case is invincible even the Police permits/allows such FIR.

A good criminal lawyer ought to draft the husband’s complaint so that even the police would be compelled to accept it.

If in case the police refuse to register the husband’s FIR, the husband may implicate the officer-in-charge of that police station.

File a case for Conjugal Rights Restitution: If the wife has walked out of her matrimonial home and had gone back to live in her parental home, the husband could be filing a case for RCR i.e. restitution of conjugal rights against the wife u/s 9 of Hindu Marriage Act.

The husband would have the upper hand and can call the shots and may mention the terms and conditions that she’ll need to be following so that both spouses van live as married couples once again.

File a defamation case against false 498A case: A husband can file a defamation case as well against the wife for maligning the husband’s image by filing a fake 498A case against the husband.

While 498A case is pursued, the timescale of the case would depend to a great extent on the proof submitted or filed with the court and the efficiency of the husband’s lawyer representing the husband’s case in the court of law.

Conclusion:

You need to begin to collect the greatest possible amount of evidence including: any discussion with your wife or relatives between you or a family member like any messaging, emails, letters, call records, etc.

Any proof that your wife has moved out of your house willingly. Evidence showing no dowry requests were made before or after the marriage

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