A well said strategy to fight false 498a,DV and maintenanace cases

Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)


Nobody is convicted under 498A unless there is enough proof of physical violence. Recent study in Orissa shows that there has been no conviction in 15 years. Don't fear the criminal case. Just attend the dates and keep on filing applications in the ongoing case. Lat the case drag. Never offer any settlement- let the law take its own course. If settlement offer comes from other side, record the conversation. If communication in E-mail, be polite and keep on saying let the law take its own course. You know you are innocent and time will prove you right.

 

Don't finance your wife. Fight against any maintenance provisions. Prove in the court that she is educated or if not educated she can work as housemaid and earn a living. Produce government documents as to how many women of her education are working and earning livelihood. Even then if unjust order is passed, resign your job and be unemployed. Don't work to pay maintenance. If the court threat you to send you to jail, be willing to go. If you start paying her maintenance, the cases will drag for long. Never finance the war against yourself.

 

Don't be in a hurry to get divorce. Women want early divorce as they want to remarry. Never agree for divorce on mutual consent unless all matters are settled. This is ace in your hand.
Speak up. Speak about your case in your building, office, friends- get sympathy. Ask some of your friends to accompany you to courts. Built public opinion against her.

 

It is a war. It should be executed like a war. Anger & fear are the worst enemy in execution of war.

 

 

Orginally posted by Men's right movement.


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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

 

 

 

Mental Strength and Emotional Support: A Prerequisite for Success in Marital Litigation

 

 

1) Do not lose your nerve. Stay healthy and start going for a walk in a park everyday even if you didn't do so earlier. If you cannot walk for long, go for a short walk. Just sit on a park bench if you don't feel like walking, and do some people watching. Don't smoke. At least if you have to smoke then don't inhale the smoke. If you feel that you do not have the emotional strength to work towards improving your physical health, then get help to improve your mental health, your mental strength. At any rate, even if you cannot improve your health, let it not deteriorate. Do not let your litigation push you over the crevice into diabetes, obesity, blood pressure, chain-smoking, zero exercise, zero going out, drinking too much, depression, psychosis, etc.


2) Get support from whoever is willing to support you. You do not HAVE to be strong, but you do need a shoulder to cry on, this much is for sure. Try to find support from your friends and family. Is there anyone you can call any time and discuss your problem with? Surely there is someone? Then do so, and do it regularly. Don't show weakness in front of A2 and A3 (your parents!), and do not let them grow weak in spirit, mind or body.


3) Always remember that this too shall pass. Suicide is not a solution, and such a step will hurt the people who truly care about you. DO NOT refuse to seek help if you feel disturbed, confused, demoralised, or stressed out for more than 24 hours at a stretch. Get a glass of beer or a cigarette if you can and you must, but make sure to talk to somebody who you know cares about you. It can be anyone, not necessarily a parent or a member of the opposite s*x.



4) Remember that most people you encounter in this fight –men and women– are sympathetic to you. Rejoice in this knowledge if you can, but derive solace from it at any rate.



5) If the litigation drags out over a long period, try to find female companionship if you can, but do it very very carefully, as the laws in our country are totally biased in favour of female accusers if the man they are accusing is not influential. Life gets very lonely without a woman to love you. As Indian men, the overwhelming majority of us are used to living without female companionship, and this is the way we have grown and spent our childhood and –unfortunately

in the case of 498a victims– our youth also. However, this does not mean that we do not have the right to be happy.


Try to find happiness, and always be polite, but always remember that women do not like weak men. They may like poor men or ugly men or rude men, but not weak men. At the same time remember that just because you are going through a rough phase is no reason for any female companion, friend or lover to mistreat you.


6) Be bold. Play mind games with the aggressor. Watch her every move but do not let her think that you are doing so. Note everything. React at an appropriate time and place. Don't call the aggressor unless your lawyer advises you to do so. Ignore her totally as if she does not exist. Let her feel your total unconcern for her very existence. Never get provoked if she shouts or talks nonsense. Remember that passive mental disintegration can work very well on such women.


Good luck in your fight brother. You're the man. Remain strong.

Orginally written by Manish Udar


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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

10 Essential Parts of your Legal Strategy in Matrimonial Litigation

 

1) Walk into the police station or the CAW cell or Pariwar Paramarsh Kendra five minutes before or after the complainant. Take similar precautions while walking out. If you have to go to another town then take a friend with you. Always keep your mobile with you when you go to the CAW cell, and keep it switched on. Carry with you any medicines which you need to take everyday, and do not carry any valuable items. Even the mobile phone which you carry should be cheap. Talk boldly and do not shout or fight.


Do not allow your wife to assault you. Try go with your mother or your sister when you are going to a place where you might meet your 498a wife. But even if your mother or sister is not with you, it does not give your wife the right to assault you. Gather a crowd if she makes any stupid attempt.


2) In court, do not let any hidden enemy of yours become a witness from your side. Try to attend all dates. Give as much information as is necessary, no more. Protect your parents from having to run around to lawyers and courts. Do all of this yourself.


3) Make baseless serious allegations against your wife if she has made baseless serious allegations against you. If she has dragged 2 of your relatives into the fight, sling legal mud at 8 of her relatives. They will put pressure on her and her parents to back down. Create such a storm of bad feelings that she starts to get discouraged.


4) If you feel that you have a weak case, then give your lawyer the brief that he has to drag out the case as long as possible. This will demoralise the other party. Also, in such a situation, refuse to give divorce to the other party. Let her fight for your money and the freedom to marry another man. Pay her back in the same coin as she has done to you. Remember that the lawyers who rule our country have made this jangled mess of laws so that their near and dear ones can profit from all the litigation. It does not bear saying here what profession their near and dear ones are likely to be practicing. Give those great men and women what they wanted from you. Litigate, litigate, and litigate.


5) Use RTI and letter writing to fight your case, but do not go gaga over such tools. Don't try to bribe your way out of trouble. Do everything legally.


6) Remember to file for divorce on grounds of cruelty or adultery or venereal disease only. Or for an annulment. After a long litigation she will come to the table for mutual consent divorce herself. One thing worth telling here is that the decision/findings of a civil court holds precedence over the decision of a criminal court of the same level. Therefore, if you are able to prove that it was your wife who committed cruelty upon you, or did other actions which amounted to cruelty, then she stands no chance of winning against you in the 498a case.


Similarly if you go in for a mutual consent divorce, the two of you cannot get it unless you both declare that you have no remaining dispute with each other. This is bulletproof protection against future civil and criminal litigation aimed at you or your family.


7) Never try to contact the Investigating officer or the public prosecutor, directly or indirectly. Never make a demand for your wife to withdraw her case, except while conciliation or mediation proceedings are in an ongoing phase.


8) File a suit for a permanent injunction against your wife and her parents. Let her and her family not enter your parents' house. Name her relatives also in the suit, just to be on the safe side, and to insult them.


9) Do not let your parents disinherit you or to disown you through a newspaper notice. Many lawyers recommend this as a way to prevent your wife from coming to your house. This is usually done in a format where the parent disowns his son and daughter-in-law as one unit. This is a foolish step, and renders any previous will null and void, and has the potential to leave you homeless should something happen to your parents.


10) Do not change your place of residence unless your lawyer convinces you logically that this is what you need to do in order to gain some legal advantage. Your home is your castle, and nobody should be able to turn you out of it by scaring you.

Remember, softly softly catchee monkee.


Orginally Written by Manish Udar


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ghvhb

Great... Keep it coming
 
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advocate

how stress ful of information and how much pain you had taken to gather such important information is most important and we should take care the points you have mentioned in the paras which are very much useful for the ongoing persons who are facing the cases inthe courts 

 
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nil

i am a female victim of false 498A but I really appreciate your motivation and efforts for other accused in 498A.....

 
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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)


It is more painful when women of the husbands side wether mother or sister are draged in the false cases by other women i.e wife of his son or brother.


How injustice is granted in this woman freindly country.One side the law is made for women and other side the laws are unparallel to mother and sisters.


But one thing is clear jaise diamond hi diamond ko kat sakta hai waise hi ek aurat hi dusre aurat ko kat sakti hai........


The startegies below:


1. Every mother after his sons marriage take all properties on her name via streedhan or by gifts in favor of her name.This protect the claim of DIL if it goes for divorce, as for wife streedhan no body can claim theek waise hi mother's streedhan can't be claimed.(Follow the chanakya niti-dushman ko kabhi chota nai samjhna chahiye,this follows from the starting.


2. Make all Video recordings of both side converstation when the girls side comes to grooms side for marriage settlement.Record each and every thing as what they have told in favor of her daughter.Like the girl is homely,girl is educated,girl is soveinour in nature etc etc.This will keep you safe in future when the real character of girl will come after marriage.


3. Take written statement of no dowry taken or given on judicial stam paper in fron of lawyer.(Even when dowry has been taken as this will lead you a safe side when they will claim that they have given this much for that purpose.Here the matter of money closed).


4. Before marriage see all the certificate of girls education and experience and ask her to give boys side all the attested copies of her education and experience documents dully signed by gazzeted officer.(It will be your weapon used for maintenance case once she will lie).


5. Initially every girl will behave politely and unaturally but the real colour of the girl will come out within a week as she can't resist her natural behaviour at any circumstatnces.So,Before coming of the girl to her matrimonial home,every guy should have to put dvr camera in his house to gather her behaviour if she become nasty.(Proof at initial stage is very prominent becauze at that time she will not know that she is going to be traped in her shameful act if she becomes a 498a wife further.


6. During your first 2-3 months make your wife as lovely as you can,by giving care to her,dresses to her,movies etc.but make sure you always keep the snaps and bills which you have purchased or spended on her at safe mode.In future this will only help you against her cruleities.



7.As the laws are more women freindly and each day nobody know what will be the next increment will be given to wives by the govt. so be prepared earlier by following the first step of startegies by the concerned of your mother.


8. A mother and siter can only teach a lesson to this wicked womens.If their relatives or muscle men enters in husbands house in absent of him or in his presnece also.You both mother and sister come forward and make a hell out of it as they were misbehaving with you and tried to molest you.Make a case.Then see how this wicked wife and her inlaws will afraid to come in husbands house.


9. For false cases the base which you have made will certainly ruin their stregth to fight cases.Never afraid of going jail.As once the husband family is ready to face any consequences with more powerful thinking then no body on this earth can save these wicked ladies to go to dearth in their own consipiracies.


10. For gender biased law a gender biased ideas can only help one harassed husband to come out.

 

 

A sufferer...........


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Manager

@author

appreciate your efforts here; great job. Sometimes we are forced to learn and do things that we dont wish to ; it is called LIFE :) It is the best

tutor.

Most of the 'educated us' tend to shy away from police, lawyers, manipulation etc., but it is an INTEGRAL part of our life so we better learn it to deal with such

bas*ards. 498a gang can teach you what noone ever could. wonderful isn't it?

 
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Social activist and ESIS Legal Consultant (everysufferer isasaviour@gmail.com)

Dear DV,Mahesh sir,Divya & Harsh,

Thanks alot for your appreciations for keeping myself indulge in the very root of this false cases and to collect the remedies not for me but entire victims of India too.

Atleast here we could share the sense of integrity by helping each other.

It's philosiphy of life that no body teaches a baby to cry for his milk , its hunger who teaches him to insist other to give him milk.

The same goes with victims here "A land of trouble is better than sink of dignity".So fight for your freedom until unless your breath doesn't ask freedom from you body.


A sufferer..........


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