498a counter case after acquittal

ASIT (Querist) 31 March 2013 This query is : Resolved
Could you please advice me what kind of counter 498a cases can be filed against ex wife after acquittal from 498a.
At least I can give them the taste of their own medicine.

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Devajyoti Barman (Expert) 31 March 2013
suit for damages out of malicious prosecution,
Every acquittal does not give rise to counter case.

ASIT (Querist) 01 April 2013
suit for damages out of malicious prosecution is either civil or criminal?
Can any one please provide a sample counter petition?

Devajyoti Barman (Expert) 01 April 2013
no sample is available here.
Contact an advocate.

Sudhir Kumar, Advocate (Expert) 01 April 2013
are you acquitted on merits of the case or due to lack of evidence.

prabhakar singh (Expert) 01 April 2013
Any suit for damages would be called a civil suit.Your particular suit for damages for malicious prosecution would be of tort(civil wrong)category.

Draft we never provide just for good health of it's seekers.

However in every suit of damages for malicious prosecution the following must be alleged in the plaint as a matter of necessity:
1.That the defendant initiated the criminal proceedings against the plaintiff.
2.That the said proceedings terminated in plaintiff's favor stating the way it so terminated.
3.That the prosecution was deliberately false and malicious.
4.That it was started without any reasonable or probable cause.
5.general damages claimed with particulars of special damages,if any,claimed.

NOW VISIT A CIVIL LAWYER AT YOUR PLACE.

Raj Kumar Makkad (Expert) 02 April 2013
You need to engage a local lawyer who shall not only draft the desired cases for you but shall also contest those as per your desire.