Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Aksh (home)     24 June 2015

498a complaint transfer to indian airforce

Hello Sir

I am an armed force personal i got married in 2010  and have son born in 2011 but my wife as not mentally stable and want to live with her parents. i tried to call her back but she denied thn i filed divorce case in 2012 but she filed 498 and DV in counter attack as she doesnot want to give me divorce nd doesnot want to live with me aslo. in 2013 october she came back with me after so many police counclling but she stayed with me only for 7 months and went back to her parents again. i had tired wid this and filed divorce case again in 2014 june thn she agin filed all the above cases against me.

I applied in court for anticipatry bail and court redirect the case to indian airforce as i am the employee of indian airforce. now court has orderd to indian airforce to investigate the 498A complaint and take the action

Now my query is i never demaned any dowry nor i beaten her but hse filed all false cases 

now what is procedure of Indian air force to investigate this complaint and how should i present myself so that i can prove myself right. 

What action can airforce take against me?

please help me 



Learning

 12 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     24 June 2015

Follow as per court order. The authorities will counsel both of you. 

Aksh (home)     24 June 2015

Sir can i Still Apply in high court for quashing the 498..... ?

please help

valentine (Advocate)     24 June 2015

Let the air force court decide the matter first. Put your defence well. File a petition for squashing in the AFT Court n wait for the order.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     24 June 2015

pls give your WS very lengthy giving all the details from first day of marriage till date.

do NOT forget to mntion all the contents of your previous WS/ Petition of 2012.

 

do NOT forget to include each & every point that you wrote & gave in court from 2011 to till date.

 

there should NOT be any contradiction in any of your earlier versions & this new WS.

Also mention why u agreed to take her back & what happened next.

 

also attach the hotel eating out proofs, travel proofs etc which will prove that she wasn't confined to four walls. and attach photos. weigh the pros & cons before writing anything. do this after thorough discussions with knwoledgeable & expert people approachable to you. best wishes !!!

Aksh (home)     24 June 2015

To  Valentine 

Can i file squashing the 498 a in high court now? 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     24 June 2015

Please don't file quashing right now. Please co-operate and properly communicate personally with the investigating officers for complete, proper investigation without prejudicing anybody.

 

Let's get the final charge sheet. Then go for quashing with speedy trial. That is – your 1st prayer is quashing. If not granted by the judge then your 2nd prayer should be speedy trial i.e. direction to the trial court to dispose of the matter within 6 months from the communication of the order (As said in Sec. 21-B of Hindu Marriage Act.) in the same petition. Sample speedy trial petition is available in my links.

 

Speedy Trial is the only solution of 498A as it is non-compoundable hence can't be withdrawn by anybody once filed. 

 

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

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

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Aksh (home)     24 June 2015

can i be dismissed from job during investigation ?

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     24 June 2015

Absolutely not. You can’t be dismissed until you are convicted.   

 

Be brave and communicate properly with the investigation officer with copy of all documentary/circumstantial evidences that proves your innocense so that the final CS would be in your favor. 

 

This is your first priority.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     25 June 2015

i agree with rocky.

do NOT panic, show ur confidence & submit ur proofs.

ensure that there is no internal politics against u within the deptt which is investigation ur case & ensure that ur proofs come on record

1 Like

Warrior_27_India (WARRIOR)     26 June 2015

Brother Aksh

1.  Dont worry. Defence Court procedure is actually very efficient, straight forward, Truthful and honest and faster.

2.  If you have not done any crime then Defence Court procedure is the quickest way to get rid of this nonsence 498A.

3.  There may be a issue that  your self respect, esteem and reputation may suffer in IAF society, but that is very temporary... as court of enquiry is submitted .. you will get back your pride.

4.  Contact concerned Command HQ P1 and also approach Air HQ with the help of Station Legal Cell, CADMO and security Officer.

Jai Hind

1 Like

Dr J C Vashista (Advocate)     28 June 2015

@Atul,

You are a combatant or civillian employ in IAF?

If you are a combatant how come the case u/s 498A IPC has been transferred for trail by IAF authorities? Have you been issued some notice from your commanding officer, if yes under what provision of Air Force Act ? Seek consultation and advise from an advocate practicing in nearby Armed Forces Tribunal.

If you are a civillian employee in IAF, the authorities do "not at all" have any jurisdiction.to take over the case from a Court. 

Aksh (home)     29 June 2015

I am commissioned officer in airforec and court has orderd to IAF to investigate all charges under 498a 406 420 120b  according 475 .

 


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