According to the IPC Section 498a, the husband or the family of the husband cannot inflict cruelty on the married woman. Otherwise, they will be imprisoned for three years and fined. The offense is non-viable and cognizable. In such a condition, an accused is arrested immediately without any prior investigation. Several cases show that women tend to misuse this IPC Section 498a to put the husband and his family behind bars. Thus, you must know certain measures to protect yourself from Section 498a. Thus, you need divorce lawyer Birmingham. Read this article to know the procedure for protecting against Section 498a. Here we go!
Procedure to seek protection against the IPC Section 498a
1. Gather all evidence and documents
First and foremost, the accused must collect all necessary evidence proving the claim of the married woman wrong. Some major evidence includes conversation between you and your wife on SMS, voice notes, letters or emails. Evidence shows that your wife moved out of the house per her wish. If you have proof that no dowry demands were made, it can benefit the case.
2. Anticipatory bail
You must hire a criminal defense lawyer immediately if your wife can file an FIR against you under the IPC Section 498a. They will get you anticipatory bail, ensuring you and your family members do not get arrested without an investigation. It is a precautionary bail wherein the police do not have the right to arrest you.
3. File an FIR against the spouse for bogus 498 A complaint
The husband can lodge a First Information Report (FIR) against his spouse, pursue a defamation case against false 498a, and/or compile a false 498A body of evidence against the husband. The only exception to this rule is if the case is so invulnerable that the police license or authorize the FIR. Otherwise, the Indian police effectively oppose such filings.
4. File a case for Conjugal Rights Restitution
In case your wife is no longer living with you in her matrimonial home. If she has gone back to her parent’s place, in such a situation, file a case of RCR under Section 9 of the Hindu Marriage Act. After this, you may explain all terms and conditions to your wife if she decides to come back to you.
Wrapping Up
If you are charged for the IPC Section 498a, you should hire a criminal lawyer to safeguard your rights. They will navigate case complexities and recommend the best solutions.
