Can i file 120b besides defamation and perjury?
498_final stage
(Querist) 26 March 2014
This query is : Resolved
Tell me if 120B is applicable in my case based on the following evidences
After hardly one week of the marriage the girl started threatening me of 498a case. I left my parent's house and took her away to Gurgaon where she also got a job. Even there she used to abuse and ill treat me. She used to hit/abuse me like a dog.
Finally I decided to record her statements, there it is recorded that she would set my sister and mother to fire. She will ask for 50 Lakh to 1 crore rupees and file false cases. She also said that she will make a scene in front my parental house
1) Before 1 week of filing 498a - Wife wrote me an email and said that I want a divorce from you and I have told this to my mother and my family. The legal proceedings will take place now.
2) During the week of filing 498a - Her mother come to my Gurgaon house from Kanpur and they called my parents and they (her mother and daughter) abused my mother
3) The day 8th October2012 - Wife started fighting with me, I somehow took her back to home. She continued her Animal behaviour and called her mother, her sister called 100 number in Gurgaon. Police came in took her statement. By the time her mother came in and she wrote a complaint to Gurgaon police that we are harassing her for dowry. The girl went with her mother and sister and an unknown man who came with them
4) 9th October 2012 - Entire family went to the Police station. She (her mother and the girl) wrote there that they would take action further from Ghaziabad. File Closed at Gurgaon Police Station
5) 10th October 2012 - I started getting threat calls from an unknown man who claimed to be her brother. This brother we never saw anywhere in the marriage though. They attacked my Ghaziabad house at 11pm. The girl started shouting at the doors and made a scene (as she said 4 months ago in the audio recordings). Neighbours came in and her mother said that she would not let me come out of Jail for 6 months at least. The girl went inside the bedroom opened the almira and took her jewellery which my mother gave her.
6) Death of my father (18th Dec 2012) - My father died of a heart attack after this incident.
7) They filed another case DV from Kanpur in December 2012
8) Girl's Mother started threatening me (Phone call recorded), that if I come to Kanpur then she would see me. In the mediation, girl said that she want to come back but I should send my mother somewhere else.
9) Mediation failed. cases are going on
10) She never had a father but now we see there is a man who claim to be her father and defending her and want to solve the case through mediation.
So I want to ask
For 120 B I read that there should be 2 person and they should plan something which may lead to physical and mental damage to the person.
In this case, the girl was definitely manouvered by her mother (who also left her husband in her days), does the EMAIL and the AUDIO RECORDING AND WHAT THEIR CLAIM IN THE COURT SAYS,,, amounts to 120 B
I am going file Perjury as well since the girl and her mother recently in her Domestic Violence case mentioned that she is not earning any more because of mental torture and harassement done to her.
However, the fact says a different picture... she has been working rather I have lost my job because I can not travel outside India and in my job travel is mandatory.
Kindly suggest, besides Defamation, Can I file 120B?
Devajyoti Barman
(Expert) 26 March 2014
No, you can not. Concentrate on perjury only.
498_final stage
(Querist) 26 March 2014
I plan to file defamation and other cases after 498a and DV is over.
Devajyoti Barman
(Expert) 27 March 2014
defamation does not lie on mere false complaint.
Guest
(Expert) 27 March 2014
First things should be first. Concentrate fully on defence of the present case against you. Defamation case only after you come out successfully from the 498a and dv cases.
However keep your favourable evidence fully secured.
498_final stage
(Querist) 27 March 2014
@ PS Dhingra G, YEs sir thats going on.
Mr Devajyoti Berman, please read the case completely then respond.
T. Kalaiselvan, Advocate
(Expert) 27 March 2014
Even in my opinion, you first challenge the 498a case against you appropriately, come out of it successfully, then go for perjury or defamation case according to the circumstance then.
Guest
(Expert) 28 March 2014
Impatience in legal cases can prove to be harmful. So, you should go steadily to defend your case first with full your devotion on that and think for anything else subsequently only after you win the case.
498_final stage
(Querist) 28 March 2014
Dear Mr Dhingra,
I respect your thoughts sir. In fact thats what I am focussing on. But still sir, its important to know and think ahead.
As you might know, lawyers always try to work as DALAL to just make money.
So I anyhow had to become a lawyer myself.
Thanks for your advice though
Devajyoti Barman
(Expert) 28 March 2014
The author is not a genuine querist but a nuisance maker.
I urge experts to boycott this person.
Guest
(Expert) 28 March 2014
If you are able to effectively represent yourself, nothing better than that. You may start learning law right now, if not yet started, but is a systematic and regular manner. Casual consultations may not help in any way in such type of cases.
Biswanath Roy
(Expert) 28 March 2014
FIGHTER IS SEEKING FIGHTING TIPS ? HOW STRANGE ???
