Marriage is a sacred union in which two person of opposite sec form a legal union in exclusion to other. In a marriage two persons are generally required to live together. S. 498 A of Indian Penal Code talks about a situation of martial cruelty in which a wife is harassed by her husband is family or relative i.e. if a women is harassed by her husband, family or relatives then she can file a compo ant against her husband and other people. The punishment under this section is imprisonment for a maximum of 3 years or fine or both.
S. 498 A safeguards a women against marital cruelty. Cruelty a defined in S. 498 A man’s when there is any danger of injury to life, limit, health and property of wife and her parents and loved ones that will amount to cruelty. And also in case the husband demands extravagant amount of money from the wife or in terms of property that will also amount to cruelty. This law was made to safeguard women but many a times it is found that the law is being miscued by women to file a false case against her husband and his family to torture them. In such a position the men are found at a vulnerable position. Since they are stuck in a false case and have to deal with the repercussions. But there are many loopholes or provisions these a days to safeguard men from such false cases.
A man can approach police station before had and file a case against his wife only about the cruelty being done by his wife on him and his parents if he thinks in any case that his wife is about to file a false case against him under Section 498 A of Indian Penal Code. In such a case the husband after the filing of false FIR against him can’t be arrested. On the contrary he will be given a notice to appear before the investigating officer under section 41 A Criminal Procedure Code. If the husband complies with the provisions of the notice he can’t be arrested byt if he doesn’t, he can be arrested. Also the husband can file of anticipatory bail under S.498 of criminal Procedure Code which applies that the husband can get a pre arrest bail if he apprehends his arrest.
Also there is a provision under Hindu Marriage Act, under which one can file for divorce under the grounds of cruelty husband can file for divorce against the wife in such cases on the grounds of cruelty.
Also the husband can move for an application for quashing of FIR malafide lodged by the wife against the husband proving of right reasons for quashing of FIR. Also the husband after the filing of false FIR against him can file for a counter FIR against the wife that the case being a false one and harassment by the wife. Moreover the husband can also file for a case of defamation against the wife of falsely alleging him of a crime not done by him and his family. Regarding the false accusations of dowry against him one can file for a tax evasion complaint against her. So, these all are the grounds on which a man can be rescued against a false case by his wife under S.498A.
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