Counter case after 498a
498A-filed
(Querist) 24 May 2014
This query is : Resolved
Hi,
I and my relative have filed two 138 NI case read with sec 420 recently against my wife and her relatives. I want advice whether I can file a case under sec 377 IPC against my wife? She insisted me to have unnatural sex and also did this crime against my will. I did not want to come in open earlier due to fear of society and shame but now I have decided to come out in open and file a case against her. I want to know from the experts whether the court will take cognizance under this section or not if I file my complaint under this section against my wife.
T. Kalaiselvan, Advocate
(Expert) 25 May 2014
You have to lodge a complaint with the local police narrating the incidence properly so that they are convinced to register a FIR for the offences punishable under section 377 IPC, for this they ask you to furnish medical treatment reports etc, so first equip yourself for a confrontation with the police in this regard and then plan the strategy to confront her lawyer on the court against his onslaughts, provided the case is taken on file by the court.
Dr J C Vashista
(Expert) 25 May 2014
Prima facie the query is hypothetical.
What sort of evidence do you have for the allegation for insisting to have unnatural sex without your consent? Collect proof and lodge police complaint.
498A-filed
(Querist) 25 May 2014
What kind of medical report I will have to submit. The incident involved oral sex(which is unnatural sex)& other activities also. It also involved penile intercourse other that vaginal intercourse(like in rape even touching the vagina is considered as penetration). So clearly a case of 377 is there in my case. I can explain in detail the incident but nothing happened that warranted medical treatment but I was assaulted.
Is it mandatory to register my complaint with the police or I can file a complaint case in the court under this offence? If there is no medical report, will the case be registered or not. In 498A ,cases are registered without medical report just on the statement of the victim without any evidence.
498A-filed
(Querist) 25 May 2014
Sir I am seeking advice from this forum because I want legal advice before moving forward with making my complain. My wife looted my house with the help of her brother, abducted by daughter and then abused the law by filing all kind of false cases against me and my family just to take divorce and extract money.
I also have rights to approach the law if I am a victim. If she can claim that she was tortured 8 yrs back, why can't I claim an incident which happened 1 yr back.Can a law in any country have different yardsticks for different people.
Dr J C Vashista
(Expert) 25 May 2014
Anonymoous and a professional (legal) querist
498A-filed
(Querist) 25 May 2014
Sir I am an out of job victim of false 498A. I cannot give my name because of risk of being detected by my wife. I do not have any legal background but after being hit by the cases, I started collecting information from the internet. I even took advice from this forum before filing the cheque bounce cases. No matter how much I read the law but I come here for practical advice which only experts can provide me. And sir trust me ( I am not a lawyer ). I am just a commerce graduate.
If you have any doubt left, you give me your email id. I will send you my case papers of all the cases against me and also the two cheque bounce cases which I filed after taking advice from this forum.
ajay sethi
(Expert) 25 May 2014
when did this incident occur? what were you doing for so long? you would need medical evidence to support your claim
498A-filed
(Querist) 25 May 2014
She had been forcing me into unnatural sex for years but after having alcoholic drink her urge would increase. She used emotional blackmail as a tool. A particular incident occurred a year back when after a grih pravesh function, we stayed in a new flat alone because it was advised by our pandit ji. I did not report the incident because of the following reasons
1. I thought it was an immoral act but I was not aware of the law at that time and now I know that it was not only immoral but also illegal.
2. I was afraid to come out because of lok laaj & to protect my family from shame. How could I have said such things about my wife.
3. I kept on feeling guilty for long but now my conscience does not allow me to keep quite and hence I have decided to report this matter to seek justice.
498A-filed
(Querist) 25 May 2014
Can I request the court to conduct medical examination of my wife to arrive at the truth. After having alcohol she used to claim that she had unnatural sex with her boyfriends before marriage and if I do not satisfy her, she will leave me. She also claimed that one of her co worker at her office is more than willing to oblige her.
T. Kalaiselvan, Advocate
(Expert) 25 May 2014
If you are a victim of her unnatural sex forced upon you, the resultant injuries inflicted on you should have been reported atleast to a doctor, which is an evidence to prove her bestiality with you. You say that the incidence took place long back but you never reported the matter to anyone and all those stories written by you appear to be a concocted fairy tale to draw the attention of the experts here to update your academic knowledge or may be to execute your cunning strategy to avenge her on some false grounds by taking advises from here. Please do not take advantage of the free advises given by the experts here by posting such absurd queries.
498A-filed
(Querist) 25 May 2014
A girl can claim domestic abuse and torture for dowry after long 8 years of peaceful marriage without any proof or injury and she can implicate people who never stayed with her just to blackmail husband into divorce and keep the child and money and to claim fat settlement amount. She can work in office and claim mental torture and also get her job transferred. A girl can run away with the jewelry and money given by her husband and then implicate him and her family under sec 406. She can file 125 case by hiding her salary and wrongly reporting my income and claiming that I own a building. A girl can file all such cases and no one seems to question her. No one questioned Yukta Mookhey for claiming 377 with 498A. In fact lawyers very casually help girls file such false cases and no one seems to bother.
I have lost my job and I am even dissuaded to report a crime which happened with me a year back. I am looked down upon as taking some kind of revenge. What if the assault on me did not warrant a doctor treatment. What if i was only mentally hurt. Why our society thinks that girls are born raja harishchandra and we boys are born devils. Even for filing a 138 NI case with lot of proof, I had to argue with my lawyer and it was very difficult to convince him . Why we men can't have equality in the eyes of law as guaranteed by our constitution. Why can't our complain be taken at face value as per law. Even law forgives us if someone get killed while saving our life. I will not submit myself to any law which is not based on equality. I am not a criminal but an average guy who loved his family and got hit by bad fate and false cases due to greed and criminal intentions of my wife & her family. I am a victim and not someone who can take advantage of anyone. I never committed any crime against anyone and suddenly my wife has filed number of cases against me and my family. How it is possible that a peace loving and reputed family became criminals overnight. Yes I am seeking advise from this forum to plan my strategy to save myself & my family from extortion and also from losing my wife and daughter to abuse of a badly drafted law.
498A-filed
(Querist) 25 May 2014
After knowing about my AB from high court, my wife cunningly filed 406 case to get me arrested. She filed maar peet case when I went to furnish the bail bond. Then she filed 125 by giving false information quietly to get interim maintenance order. She is influencing my lawyers. Now tell me sir who is cunning. I have decided not to commit suicide and fight these criminal minded people. She has not even allowed my daughter to speak to me for so many months. How can a civil dispute between husband and wife can be converted into such criminal cases. Why we apply laws meant for bharat to people staying in India. Sir kindly take your word back because I am not cunning and also not taking advantage of anyone. This forum is meant to seek free legal advice and in no way I am misusing this forum. If other experts also thinks that I should not seek further advice then please guide me. I will vanish from this forum.
Rajendra K Goyal
(Expert) 25 May 2014
Law is pro ladies and everybody has to move as per law of the land, till the government changes it.
Lawyers are for their client and always try to fetch maximum benefits for his client, some times he may not succeed in his mission due to so many factors including over activeness of opponent lawyer.
Experts have given their opinion, it is up to you, may follow it or not, They have pointed out the hindrances that may come.
Choice is always yours, you can always proceed as you wish, nobody can check you.
If you decide to proceed, good luck.
Biswanath Roy
(Expert) 25 May 2014
It is very easy to bring a charge under Section 377IPC, and very difficult to refute. Therefore,the evidence in support of such a charge has to be very convincing. When sodomy is alleged stains of semen constitute important evidence. Great weight must therefore be attached to the Chemical Examiner's Report. Secondly,when the victim alleges annul intercourse punishable u/s.377 IPC,the injury on the anus is a factor to be reckoned with to ascertain the truth or otherwise of the allegation. At this stage one important point may be noted. Bearing in mind the disproportion in size of the organ and tightness of the Sphincter,laceration or injury to the anal orifice is invariable. This would specially occur with the first few acts. How you can put your wife under this fold?
498A-filed
(Querist) 25 May 2014
Sir in the case of Tarun Tejpal, the crime which is reported in media is that he inserted his finger in the vagina of this subordinate employee. This person is in JC for months. So where is the question of semen stains or anything else. As a victim, it is my right to report the crime & seek justice. And it is the job of the law enforcing agency to look into my allegation & investigate the alleged crime by following the process of law. Even if my wife gets away due to lack of evidence, I will know that at least I did what was right. And if it is found that my allegations were fabricated or if it is proved that I filed false case to implicate my wife, I must be punished as per law.
Biswanath Roy
(Expert) 25 May 2014
Do you think allegations against Tarun Tejpal and would be allegation against your wife u/s.377 IPC will be the same similar and identical? Secondly, the essential ingredients of sec.377 are,-
1.That the accused had carnal intercourse against the order of nature.
2. That such an intercourse was solicited, with a man woman or animal and,-
3. That the accused did so voluntarily.
Do you think that you will be able to put your wife under said nature of offences?
T. Kalaiselvan, Advocate
(Expert) 26 May 2014
The samples compared by you with that of other cases have no relevancy to your issue. If a woman is lodging a complaint u/s 498a after many years or a DV case after many years, the law provides that it is maintainable owing to the nature of the injuries inflicted (mental or physical), but the provision of 377 IPC is different to those issues. Moreover since this is a crime, it should first to be reported to Police with a complaint and on their failure to initiate proper legal action, a complaint before a judicial magistrate u/s 156(3) or a private complaint u/s 200 Cr.P.C can be filed. Consult a local lawyer and proceed as per his advise.
Sudhir Kumar, Advocate
(Expert) 26 May 2014
connect
http://www.lawyersclubindia.com/experts/Filing-counter-case-in-498A-467706.asp
498A-filed
(Querist) 26 May 2014
Thanks to all the experts. I understand that it will not be appropriate for me to file any case under this sec. If at all I make any move, it will be on advice of my local lawyer.
Regards.
