Civil Procedure Code (CPC)

498a countercases


I am writing this on base of dowry case in my brother case. My brother wife has filed a false dowry and DV case against my brother, mother and relatives who are in government jobs. She mentioned a false date(sunday) and mentioned that we demanded dowry of her house and jewels. Marriage cost is ours and we never demanded any of dowry during marriage. She didnt satyed at home more than a month and left. My brother comprimsed and she came back after five months and demanded my mother or any of us should not be there. Again she stayed a month and left. While first time her uncle and mother came home and used ultimately wrong words on my mother and brother. second time they came with ten members and terrified us. where we failed to lodge complaint on them. We gave a divorce notice on mutual concern before she filed dowry case.

Kindly let us know how to counter react this case.. what all the options that we can put countercases on her to bring them mutual.

 

Kindly advise.

 
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It depends on the stage at which ur Dowry case is at. Ur counter cases will not stand until u get acquitted from the case. Try to approach high Court under section 482 to quash if u have sufficient grounds.
 
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Advocate

Kindly give full reasonable details of allegations
 
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Dy Director

First save yourself
 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Attack is the best way to defense.

Please file perjury petition in the same court where 498A, DVA is going on respectively. Then approach HC for Speedy Trial.

 

Quashing is not recommended at this stage. Sample petition and other clues are given below link. 

 

https://www.facebook.com/RockySmith4Calcutta/

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Originally posted by : autohide4u
Effective counter cases need crooked thinking similar to that used by your opponent.

Defamation, perjury, speedy trial etc is a frustrating journey, those things need to first prove that her allegations are false. When lawyer drafts false 498a allegations he choses incidents carefully, things that cannot be proven true or false, but enough to get prima facie case against you for harassment.

You have to use the same strategy.  

 

I beg to defer with this view above. Importance of Perjury and Speedy Trial is well articulated in my FB link below. I always emphasized on these to prove the plaintiff as false and concocted and drafted by the lawyer for malicious intentions – the same should be the ultimate target of all victims.

 

Perjury – (with speedy trial) has sufficient determination to achieve such goals.   

 

https://www.facebook.com/RockySmith4Calcutta/

 
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