Civil lawsuit after dv & 406 rejection

Good approach and I hope you proceed and keep us updated on how things move. I am not an advocate but I see a few legal approaches. Admittedly, my knowledge in this area is somewhat between U.S. laws and Indian laws but the basics are the same, or so I think.  Some advocates may be able to correct me, if I am wrong.

When a person files a criminal complaint against you and then fails, that person immediately becomes liable under the tort of malicious prosecution. Tort is just a fancy word for a wrong done by another person. Additional torts under which you can file a civil suit for your case are the tort of emotional distress and injury to reputation (defamation). There are probably other torts under which you can file a case for filing a falsified DV case. In India, unlike in the U.S., you do not have to separate claims in your complaints or petitions. You simply state what you want in your prayers after describing all the wrongs ("torts") done to you. Therefore, even if one tort is not applicable, since it is a mix-bag, your petition stands a strong chance of surviving dismissal before trial (in limine, to use the legal term). Let it go to trial and then rip the heck out of the other party... Do not forget to add all her relatives and others as co-conspirators (defendants). Seek compensation from all of them. PLEASE NOTE THAT I AM SUGGESTING THIS ONLY BECAUSE YOU WERE FALSELY IMPLICATED IN A SERIOUS MATTER. I WENT THROUGH THE SAME NIGHTMARE (FALSE DV CASE) SO I KNOW WHAT IT IS LIKE...

I would suggest that you do the drafting yourself or get hold of some smart law student. Ordinary advocates are simply incapable of handling out-of-the-box drafting. If not anything else, you will be able to dissuade the other party from filing more false cases. Also, if you succeed, you will be doing a great social service for all men who are about to be targets of false DV cases.   Many, including me, know what it is like to go through the aggravation of facing one...

All my suggestions are legally viable only after she has exhausted all her appeals.  Malicious prosecution only applies, or so I think, if the person had filed a criminal complaint. That is a gray area for DV cases. DV is supposed to be quasi-criminal but hey... give it a try... you never know.  DO GO AHEAD AND RESEARCH ALL YOUR OPTIONS AND THEN PUT THEM INTO ACTION...

What type of a civil law suit are you intending to file against her and what is the remedy.   I know you have been unnecessarily tortured by her  by filing the false cases and she has been condemned by the court itself, what is the relief you expect for this?,  As you are aggrieved and agitated you may be thinking of avenging her (?), but see you may have to again run behind the courts on all the dates of hearing and have to undergo another fatigue legal course.  However, you can file a defamation suit against her provided the false case as per your opinion had actually defamed your name.

Originally posted by : T. Kalaiselvan, Advocate
	What type of a civil law suit are you intending to file against her and what is the remedy.   I know you have been unnecessarily tortured by her  by filing the false cases and she has been condemned by the court itself, what is the relief you expect for this?,  As you are aggrieved and agitated you may be thinking of avenging her (?), but see you may have to again run behind the courts on all the dates of hearing and have to undergo another fatigue legal course.  However, you can file a defamation suit against her provided the false case as per your opinion had actually defamed your name.

Sir the damaged has been done to me to an extent that the only thing left in my life is to ruin her family, her sleep, her money and upcourse her life. Yes there is no difference between me & her (what she did to me i want to do the same thing to her). I don't want to move on and i will ruin her life.  The day when IPC 383-389 was filed by us her father came rushing to court just to see what kind of case is filed on them. Whole family didn't cook till 4:00 p.m. and the food was ordered from outside. Girl was still crying and her parents were running here and there. Every date of 383 her father goes to police station just to establish relationship with local police to see if matter can be resolved amicably. I have lost everything till now and i am glad that people are on my side this time even police, lawyers and court staff that are supporting me to make this happen. It brings me a great pleasure when i make her feel how i felt when i was tortured from the day when 498a was lodged on me.

Jon,

Please give it back to her. Not saying this for your persnal revenge, but to get some data for various other men who are fighting false cases and whom life has been ruined by these biased laws.

If Men is at fault we do get punishment but when these opposite s*x is at fault no punishment till we do what you have done.

Best of Luck Jon.....Please keep all of us posted.

Kindly share your whole legal aspects with all who are suffered by this injured, ill drafted, biased and impugned Law. This law is totally violate the Freedom of Married Man. And 498A, and Complete DV and PWDVA are drafted by such foolish people's who are not aware or away from ground reality. 

Even the Supreme Court of India have not take any strict/serious step to challenge the equality of this Law. So that these men against law are responsible for large number of ruin the family now a days. Every girl who are educated have take this law as a sweet chocklate as she know if she is wrong no matter Court will not punish her. The life of a married men and his family completely ruined due to this foolish law.

Victim/Sufferer of DV and 498A (case still pending)

Sir it's a long story i can write essay about it. The days that me and my family have spend i are most frustrating times in life. There were times i  use to knock my head in car steering saying that why did i establish relationship with this girl. No one has really helped me whatever i did, i did it on my own and yes i am proud to say that i have ruined their sleep. When i had bad times even local lawyers were not ready to help me and they all advised me to give up but now the situation is opposite. Even girls lawyer came and tapped on my shoulders saying that ACHI MEHNAT KARTA HAI JO BHI COURT MEIN KARTA HAI WOH KABIL E TARIF HAI. He told me personally that i have made their life miserable. I can only say that i am willing to offer any help anyone needs here at LCI that's the most i can do. During bad times even family members will not stand next to you ! I have been through this and if i can be of any help to anyone then they are most welcome

When the suicide cases and burning cases of women for dowry reached to a boom-phase legislature had to introduce sec.498-A IPC for the protection of woman.  Subsequently this provision of law is being misused in numbers by the direct help of some greedy lawyers who are after easy money.  Why we blame wives only