False 498a case is ground for Divorce….

It is a trend these days that wife alleges allegation in 498a alleging dowry and cruelty..

False 498A accusations can have a significant impact on men, both psychologically and socially. Section 498A is a part of the Indian Penal Code that deals with cruelty by a husband or his family members towards a married woman. Unfortunately, this law is sometimes misused by women to falsely accuse their husband and his family of harassment and cruelty.

Here are some of the ways that false 498A accusations can affect men:

  1. Mental stress and trauma: False accusations can cause immense mental stress and trauma, leading to depression, anxiety, and even suicide.
  2. Loss of reputation: The social stigma associated with such accusations can cause irreparable damage to a man’s reputation, leading to social isolation and loss of respect in the community.
  3. Legal battles: False 498A accusations can lead to lengthy legal battles, which can drain a man’s financial resources and take years to resolve. In some cases, the accused may be arrested and incarcerated without any evidence, which can be a traumatic experience.
  4. Loss of job and income: Accusations of harassment can lead to the loss of a man’s job, which can further compound his financial difficulties.
  5. Estranged family relationships: False accusations can also strain relationships between the man and his family, leading to broken family ties and social ostracization.

It is important to note that false accusations are a serious matter and can cause significant harm to innocent individuals. The misuse of laws like Section 498A can also undermine the credibility of the legal system and create a sense of mistrust and injustice. It is essential to address the issue of false accusations and ensure that the legal system is fair and just for all.

The respondent-wife has also filed certified copy of the order sheets and petition for divorce, which was earlier filed by the appellant and the said case was registered as CS No. 106-A/1994. The respondent-wife (NAW-1) deposed that the divorce petition filed earlier was dismissed and thereafter she was residing with the appellant for about 2 years at Saraipali and thereafter in the year 2000, she left the appellant and came to Mahasamund. She further admits that after returning to Mahasamund, she lodged an FIR against the appellant and his father for dowry & harassment at Police Station Mahasamund. She further states that she is not aware as to the judgment passed in the said case. The appellant has filed (Ex.-P/1), copy of the judgment dated 19.5.2005 wherein the Judicial Magistrate 1st Class, Saraipali, in Criminal Case No. 151/2001, giving benefit of doubt has acquitted the appellant and his father of the charge under Section 498-A of the IPC.

Koman Lal Sahu vs. Sushila Sahu (01.08.2022 – CGHC) : MANU/CG/1338/2022

From the aforesaid evidence, it is explicit that mutual respect and understanding between the parties has completely gone and they are residing separate for more than 20 years, both of them have made allegations and counter allegations against each other and even the wife has made police case, which was resulted into acquittal, so, considering the facts and circumstances of the case, filing of such accusation under Section 498-A of the IPC by the wife against her husband and father-in-law, wherein both have acquitted, also amounts to cruelty. For this, we are fortified in our view by the judgment of the Hon’ble Supreme Court in the matter of Rani Narasimha Sastry Vs. Rani Suneela Rani {MANU/SC/1837/2019 : (2020) 18 SCC 247}. In the said matter, it was observed that it is true that it is open for anyone to file complaint or lodge prosecution for redressal of his or her grievances and lodge a first information report for an offence also and mere lodging of complaint or FIR cannot ipso facto be treated as cruelty. But, when a person undergoes a trial in which he is acquitted of the allegation of offence under Section 498-A IPC, levelled by the wife against the husband, it cannot be accepted that no cruelty has been meted out on the husband.

Koman Lal Sahu vs. Sushila Sahu (01.08.2022 – CGHC) : MANU/CG/1338/2022