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Best way to fight against false domestic violence

Page no : 4

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     22 August 2015

@rajni bahl, counter cases include many but its better to reserve your rights through preliminary objections as that's the best strategy.

 

@bhandari, YES, Bar Council comes under the ambit of RTI. You need to ask some questions to loop the l;awyer like 1-2 questions on moral/ social/ lehal code of conduct for an advocate. I am currently not working on advocate so hpefully in 3-4 months I will come up with this concept. In the mean time you start your fight but do NOT put any blame just ask ask for certified copies & code of conduct.

 

@sooraj, this needs to be mentioned in preliminary objections. Even better if such things are mentioned in preliinary submissions para (which is written after preliminary objections but NOT necessary generally to put your submissions but since the wife has herself patented your stand by proving her vacillating stand hence this in itself is a proof which u can present as preliminary submissions from your side - but actually you are exposing her pitfalls.)

 

@raju bhandari, regrading contradict stands of your wife pls read the suggestions to sooraj above.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     26 August 2015

TECHNICALLY COUNTER MAINTENANCE

 

Query from a friend
I need 18 HAMA Judgment to counter her Interim

MY REPLY
BHAIJAAN,
Judgment k chakkar mein zindagi barbaad mat kijiye.

Is baat ka yakeen kar lo ki tum pehle vyakti ban ne ja rahe ho 18 HAMA mein jo ek jdugment nikalne wala hai.

SAARI JUDGMENT OF 125CRPC, 24HMA, 23DV khod dalo mere bhai.

Ek ek point uthate jao aur put karte jao apne REPLY to 18 HAMA ke andar as a Preliminary Objection (whichever point suits your case).

Let the judge decide which suits best and which does not suit.

TU TENSION MAT LE MERE BHAI.

Tension legi ya teri wife jise prove karna hai apna case ya tension lenge manyavar judge mahodaya kyoki tune prelims put ki hai more than 30 PO on law points (& such law points where other courts have given HC/SC judgments)

Agar judge galat kare ya kisi bhi PO ko na likhe order mein to samajh jaiyo yeh hi hai vo PO jo chal gaya & based on that file appeal/ revision/ recall ya side by side complaint against him for favoring one party (Caution)

 

ARVIND KEJRIWAL'S TECHNICALITY

 

Friends, kindly understand the technical aspect worked on by Arvind Kejriwal in Defamation.

 

On one hand he filed defamation suit on someone.

On another hand, someone filed defamation suit on him.

On third neutral hand he challenged constituional validity of defamation law.

 

NOW UNDERSTAND THE TECHNICALITY HERE

 

Even though media is accusing Arvind Kejriwal of playing double standards i.e., on one hand he is filing defamation on someone & on other hand he is challenging constituional validity. But, kindly reaqd below to understand why this is CHIT BHI MERI PAT BHI MERI situation for Kejriwal.

 

SCENARIO 1:- If defamation law goes then he gets freed from the cases filed on him. These papers he can file in defamation suit filed against him saying that, "DEKHO MAINE TO DEFAMATION LAW KO HI CHALLENGE KAR RAKHA HAI. USKA JAWAB AA LENE DO" Abd when defamation law goes then he is free from liability thereof retropestively (100%)

 

SCENARIO 2:- If defamation law does not go then his defamation case filed against the opp party becmes strong. So if he has to pay amount in lieu of defaming another then the amount that he will get from someone who defamed him gets adjusted automatically. i.e., directl burden can be shifted. (assuming the amount is same in both cases)

 

Rajni Behl   29 August 2015

Thanks aturchatur sir, I talked to my brother & family. We were sitting with his lawyer & regarding preliminary objection suggested by you his advocate is unable to present it & is saying do not use any such contradictory statements. Is he guiding us rigjht?

 

even if he guiding right then also if sir you can kindly write down preliminary objection which will suit here to challenge the technicality based on above points raised by us. thanks

husbandinneed   30 August 2015

Dear Atur,

Can you pls mention about the protection order ass well? 

Under what circumstances it can be passed? and how to deny that to wife? if there is no violence commited by wife, our offices are close to each other and in case of a protection order how can i go to office?

Adv Aneesh Trivedi 9424449500 (Advocate)     03 September 2015

RELIEF U/S 22 OF DV ACT NOT MAINTAINABLE

That it is stated that, u/s12 of PWDVA Act, if any domestic violence happened then report needs to be registered alongwith medical report (MLC) along with date, time & witnesses. Hence, Relief under section 22 of this Act is not maintainable in the eyes of law & is liable to be rejected.

Is this applicable to 498A also......?

Adv Aneesh Trivedi 9424449500 (Advocate)     03 September 2015

I want quick guidance from exerts, [ this was put as separate query but not getting upto the mark guidance]

wife filed divorce in last heaing she filed sec24 in her affidavit she mentioned that she is earning only 1500 RS [ which is not possible now]

husband got the copies her EPF of recent time [ it shows that if she is deducting her PF means she is earning more than 1500Rs she is post graduate and B,ed]

previously she had worked in Central school and college also. so her sworn in affidavit of earnnig only 1500 rs is not digestable to even illietrate person.

this is fraud to court by her.  again by her false she try to  take advange that is getting more money from husband, my query

[1] she lied to court in preliminary objection can we raise this?

[2] how she should be punished for

[a] lying to court

[b] taking advantage of her lying

[c] her false affidavit

In which section she will be punished?

how perjury 340 is useful here?

she also lied that i was present in court premises on last hearing and she got ex parte decision not order [ for order next date was give as she publishe in news papaer]

please do guide here as date is coming soon

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 September 2015

If she lies in her affidavit in chief (given in good oath) then the offence is persecuted u/s 190 IPC (Willfully giving false evidence) and punishable u/s 193 IPC.

 

Please also file Perjury. Sample petition is available in my profile links.

KIRAN (O)     05 September 2015

@ATUR CHATUR

GOD BLESS YOU.

WISH YOU ALL THE VERY BEST.

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 September 2015

@ Mr. Atur Chatur,

 

Hope all is well in your life. Please keep us posted.

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     07 September 2015

Today I had a close shave with judicial goonism. I got to know how RTI & FA on Courts are discouraged with connivance (& conspiracy). I will share my experiences after my success. In the mean time, friends please keep posting your queries. Whenever if I will get time I will reply. Workload is little high these days due to my RTI. FA, SA, Complaint u/s 18(1) RTI Act'2005 fight simultaneously on multiple public authorities inclduing FA on District Courts, and FA on HC and REG/VIG HC & SC, UIDAI, AERO/CEO, RTO, RPO, MHA, PHQ & many many others simultaneously.

 

Friends, I need your blessings so that my drafting gets done very fast as every single day I am busy almost whole day drafting many letters. Of Course getting success at few places & fighting to get information at many places Thanks & Regards

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 September 2015

Yes Honorable Mr. Atur Chatur,

 

I have also same bad experience on RIT and filed W.P (Atricle 226) in HC against the STATE of WB & STATE Public authorities. Sample petition is available in my link.

 

I think you should also do the same if first appeal fails. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 September 2015

@ Mr. 498A fighter

I have done a mistake on the post below. "u/s 190 IPC (Willfully giving false evidence)" - It should be 191 IPC. Very sorry. 

Originally posted by : Rocky Smith
If she lies in her affidavit in chief (given in good oath) then the offence is persecuted u/s 190 IPC (Willfully giving false evidence) and punishable u/s 193 IPC.

 

Please also file Perjury. Sample petition is available in my profile links.

 

Adv Aneesh Trivedi 9424449500 (Advocate)     08 September 2015

Rocky Smith

No problem sir i understood that , but in mean time i try to search that also i thought if you had given it then it might be useful any way by this also i come to know about sec 190 IPC thankig you for this also keep guiding in same way present status of sec13 file by wife is that , in last hearing she not came and judge told her advocate to come on next with 4yrs daughter, but in last hearing i gave application that i need daguhteres document for her admission in good and best school of jabalpur as admissin starts and close soon in october and november ,

i thing if judge will not consider this application under sec13 HMA but this will be helpful in child custody.. what you say over here,

Issues are framed in last hearing:

burden of proof is on wife.................whearter i did any crufelty against her?

whether i abandoned her?

is she hersef withdrawn from restitution of conjugal rights?

in same case i won sec24 

also i won sec09 in year 2009 same issues was framed in that also... i won all...............

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     08 September 2015

@ Mr. 498A Fighter,

 

Sec 13 HMA filed by wife or you? If wife, then why to contest it? You should file no-objection.

pleasant   08 September 2015

ld. advocate,
read news " Fake address epidemic has bailiffs on the run " in Pune Mirror | Sep 12, 2014, 02.30 AM IST and shocked to know it is a routine practise.
like to know why does not it attract 'perjury' to misguide the hon'ble court as well giving false information on sworn affidavit on oath.

besides, please give the full name stands for cited below various public authorities u described  FA on District Courts, and FA on HC
REG/VIG HC & SC,
UIDAI,
AERO/CEO,
RTO,
RPO,
MHA,
PHQ 

regds.
be pleasant


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