Legal Advice

My wife may file false case under section 498 A

Shivendra Pratap Singh


High Court Lucknow

Criminal Law

Reading Time:

Question asked on: 27 Sep, 2015

Dear Sirs/Madam, I got married on 12/02/2015..from day one we have a compatibility issue. I tried to sort it but I got failed. She is adamant; she misbehaves with my family member whenever they come to my home. She did not cook food. Recently we quarrelled over the very petty issue of not boiling water. Then she consumed phenol.

I am into a government job. I am very scared. I cannot live with her under such circumstance because she may do the same thing again on a small day to day issue. The Police station also wants me to settle down. Now, what should I do? She also takes sleeping and antidepressant tablets.

I have only a few receipts of it. She was on medication of the same but her parents did not tell me. Now, what should I do? Please help. I also gave an application to the SP office regarding the said incident of phenyl consumption and threatening. Please suggest what I should do.

You should convey her activity to her parents. Involve some independent person from both sides and try to settle this issue amicably. Interference of police may yield bitterness in your relation. You should keep all the record towards the consumption of medicine and doctor’s prescription. Don’t ablaze this condition from your side. Let her parents decide how to treat her daughter.

Her parents either may reconcile this issue or impose false allegations. In the latter case, you should prepare to contest the case. There is no remedial provision in our legal system to prevent the unjustified act of wife. Filing of the false case is very common and easy in our country. But our Supreme court has given some direction towards investigation in cruelty related cases.

In Aneesh Kumar vs State of Bihar (2014) SCC that police can’t arrest any member of complainant’s in-laws family merely on the filing of the complainant. Police are bound to send a notice under section 41 A crpc for the personal appearance of all the accused and record their statement. If a police officer has reason to believe that such an offence has been committed then arrest may be made after permission of the court. However, the above-mentioned case provides some safeguards but it is insufficient in the current situation.

Your mother may file a complaint under the Domestic Violence Act, stating cruel behaviour her daughter’s in law. You should try to leave her in parents home for some days and give her some time to decide married life. If she again attempts to suicide, you must register a complaint before the first class magistrate under section 309 IPC otherwise she may take it as a ground for filing false case against your family.