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A well said strategy to fight false 498a,DV and maintenanace cases

Page no : 8

498aindian (other)     15 April 2014

Dear ESIS where are you,Not seen from long time?


(Guest)

@max,

Wife can't get multiple of maintenance from different different courts and sections simultaneously.

Better show your 24hma In her Dva case. 

If she had not seeked for RTR then why are you worried, just think over what ever sections she had alleged and fight your case on merit. Dont overburst with tension , its court procedure it will take its due course of time. Never think of any illegal settlement fight your case with tooth and nail. 

For more details on how to safeguard yourself and how to fight against false cases read my blog.

Regards,

(ESIS)

498 A fighter (Advocate)     22 April 2014

read the queryy in thread the link is

https://www.lawyersclubindia.com/forum/Need-divorce-advice--101196.asp#.U1WHIqJMLvs

and see what advixe is given by mahesh R. sonwane here ritu bhatia asking for divoerce and he is giving her advice to file 498A etc


(Guest)

These leachers know only 498a and dva...

 

Agar inka bas chale toh affidavit ke liye bhi 498a file karva de

Amit (NA)     28 April 2014

(1) Is telling that you are jobless going to work in the court? I read in the past that courts say husband should beg/borrow/steal but has to maintain wife?


(2) Any precedences on this? What are HCs and SC saying when husband lost the job?

(3) How does the husband prove that he lost job and did not resign deliberately when esp these days the companies do not fire but orally ask the employee to leave (in s/w companies at least)

(4) What if maintenance has been granted and then husband lost job? What if he is unable to pay maintenance but has immovable assets?
 

DV Fighter (Service)     01 May 2014

Thanks Bro for sharing info


(Guest)

@Dv fighter,

Thanks buddy..

 

@amit,

There are very limited judgements which says that if you have lost the job then no need to pay maininenance and among these judgements justice dhingras delhi HC judgement is crucial.

But majority of time judges grant maintenance according to the situations which are prevailing like if you have a solid reason of no job then you can fit your arguement but judges go for granting maintenance A/T minimum wages act.

If you have stringent reason of non employment then do keep before court and also argue on her qualification as well as capability to earn, In this case you wont be allowed high maintenance.

Immovable properties are considered only when you are getting monthly or annual financial benefits from that properties that means rent or any business transactions. In that case you have to pay according to your earning from such properties, If not then no attachment of properties in maintenance.

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     31 May 2014

Mr. Every Sufferer is a Saviour...

 

Good Post.

 

Along with him, Please follow my instructions also in the following link: -

 

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U4nYjXbYVdg


(Guest)

@Satyaprakash jii,

Thanks for your kinid appreciation.

You too had given a wonderful piece of Information to poor victims of false 498a.

Carry on.....

 

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     25 June 2014

Dear Friends,

 

How Many of You Are Planning to Fight Your Cases In-Person?

 

I have posted lot of sample petitions, citations and clues on the links bellow: -

 

I am interested to know that how it is helpful to you? How many of you are planning to fight your cases in-person?


Your valuable feedback will help me to give you more accurate advice. Let us stop "Legal Terrorism".

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     29 June 2014

                                                        498A

 

There are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of 32 of Advocate Act.

1 Like

498aindian (other)     30 June 2014

Dear ESIS and other fighters Plz enlighten me on the following issue:

A1 and A2 been accused in the false 498a of dowry harassment case. There is no iota of evidence against both of them. But, then also the sdjm has taken cognizance of the case u/s 498a and dpa u/s 3.A2 got Ab from session court whereas A1 had applied Ab before HC.Due to summer vaccation in the previous month the benches were not regular hence the listing of daily cause list had gone above 1500. Meanwhile, the lower court had issued NBW against A1.Now, the scenario is that what to do in this absurd condition.How to get stay on NBW?How to win this false 498a?Due to this false trap game A1 is on the verge of loosing his job and reputation. His family been traumatized and he cant concentrate on the betterment of his career.The scene is that A1 is not ready to live with her anymore due to continuos harassment by inlaws and his wife.No conjugal life would establish between them but then also she is not ready for mcd.In this vernacular situation what to do to avoid arrest?Plz guide and show the right path.Thanking you in anticipation. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 July 2014

Mr, 498aindian ,

 

I extreemly sorry for late reply. If your case is above 1500 of daily cause list of High Court then you (or the person/relative/lawyer who has appeared for you) have to mention it before the judge during the first hours of the court. Then the judge will give a fixed date for hearing of your case.

1 Like

(Guest)

@498aindian

Tell your lawyer to file mention slip citing the reason of urgency like you are a bonafide customer but lower court had issued nbw without any enquiry and in the knowledge of the petitioner to attend any prescribed date by magistrate and now police is harrasing you.

Judge will either acept your request or tell you to wait till your chance doesnt come. Meanwhile just go for underground for 1 or 2 more months till your date doesnt come.

Manage the indian govt. Dogs I.e bardi wale kutte with green notes till your hearing doesnt come.

 

Another option 

GO for quash u/482crpc If the bench of quashing is not overloaded, in this procedure also you will get stay if your case comes early as compare to your AB.

best of luck..

ESIS

1 Like

498aindian (other)     24 July 2014

Dear ESIS and rocky, plz help me out, my lawyer tells me that judge is not entertaining any mentioning. I dont knw wht he is telling, I think he must be telling lie.

My question is Do I surrender before lower court in false 498a or still wait for final hearing of Ab at highcourt?  My daily list of Ab is moving very slowly daily 5-10 is decreasing. Now it is around 1250, by seeing this speed one can guess that his final hearing will come after 3-4 months.Nbw is issued and opponents are pressurizing for p.o as next date gone for 18 aug at lower court. Iam in dilemna as what to do? Plz suggest me and guide me.Police are harassing my family. They are searching me inspite of my Ab filled before highcourt. 


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