Prevention – How to protect yourself against false 498A FIR

Client and his wife were Canadian resident, present in Canada, married in Punjab, India. There was a matrimonial dispute between husband and wife and consequent irretrievable breakdown of marriage without initiation of any divorce or other proceedings under family law. Wife decided to take the path of vengeance and teach her husband a lesson instead of following the legal recourse available to her. She filed a false complaint through her father in India to implicate her husband under section 498a, 506, 323, 406 of Indian Penal Code.

Under these circumstances client contacted us and asked: How do I protect yourself against false 498A FIR?

We asked client the following questions:

  1. Did client receive copy of the complaint?
  2. How did he intend to counter the allegations in the complaint?
  3. Did he receive any notice or an offer for mediation? Did client want to compromise by paying a lump-sum alimony to wife?
  4. Was there any pending or decided litigation between the parties in Canada?
  5. Did client have any evidence that the allegations in the complaint were unsubstantiated?
  6. Did client have any property in India?

We informed the client about:

  1. His rights
  2. When can police file a complaint?
  3. What is the process of bail and trial?
  4. What can go wrong in a compromise?
  5. Can client be deported to India?
  6. Quashing of false 498A FIR by Punjab and Haryana High Court at Chandigarh

In this case, wife in Canada was unable to get the FIR registered through her father in India.