Need expert suggestion on false 498a case, wife never stayed together after registered marriage

[Monojit Dey]

On March 10th, 2018 my wife and her mother have filed a false FIR with 498a. I got a notice from my local PS on 14th March and thereafter I went to meet the investigation officer with my lawyer. The investigating officer also believed and commented that the case is false and is only made for the purpose of harassment. I got bail from Magistrate court on 17th as well.

We had registry marriage on last year 13th March 2017 and since then my spouse’s family was delaying the social marriage and since after the registry my spouse never lived in our house, the same she has accepted in the FIR as well. She has accused me and my mother that we have claimed a 3 BHK flat from them and we are forcing her to get social marriage so that she is forced to live with us and then it would be easy for us to pressure her family for dowry. There was no single gift exchanged to date except our engagement rings.

Police are yet to submit their report/ charge sheet.

I need some expert suggestions on my situation as this is in really early stage and I have no idea about the proceedings.

Thank you

[Dr. Ashok Dhamija]

If you have evidence that your wife never stayed with you after the registered marriage (as you have mentioned that she has herself admitted in the FIR), then the case under Section 498-A IPC would be very weak. I hope by registered marriage, you mean the marriage performed before the Registrar under the Special Marriage Act.

Secondly, the allegations of demand of dowry that you have mentioned in your question, would require legal provisions of Dowry Prohibition Act, and they would not be covered under Section 498-A IPC.

Thirdly, legally speaking, if the registered marriage is legally valid, then there is no legal necessity of a further so-called social marriage. That is only for the satisfaction of the family members of relatives. Law fully recognizes the registered marriage. In this context, the dowry demand may lose some of its importance under the law.

You may consult some local lawyer by sharing full details with him (including relevant papers), and if so advised, you can try for quashing of FIR through the High Court.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts