Most of us suffer because there is a law and we have to bear with it, if it is misused.
We all know that majority of these 498A are false and are filed either to satisfy the ego of the FIL or with malafied intention to extract money..We know it. Then why should we not act at once..
If she can file a false complaint or send a letter threatening the husband then the husband has all the right to move the machinery…DO EVERYTHING THAT WILL PRESSUREISE THE OTHER PARTY..IN THESE MATRIMONIAL BATTLES, NO ONE WINS, THE PERSON WHO IS PRESSURISED LOOSES…SO PRESSUREISE THE OTHER PARTY FROM THE VERY BEGINNING..FIGHT AN ECONNOMIC WARFARE..MAKE THEM LOSE MONEY..YOU ARE ALREADY LOOSING, MAKE THEM LOOSE MONEY TOO…UNLESS THE OTHER PARTY IS A MULTI-MILLIONER THEY WILL SUCCUMB TO THE ECONOMIC PRESSURE..
Above all ,MAKE THEM HAVE THE SAME FEAR THAT YOUR FEARED EARLIER…COURT, JAIL AND POLICE STATION…you are already through with jail and police, and you know that once you are on bail, nothing much can happen, but they don’t know it, because they have not gone through it..let them go through it..
Why this does not happen?
Because the lawyers are not ready to act in the same pace as you want them to act. They will just not act (No offence to the other ones who act swiftly, I have recently come to know many who are willing act fast and help you, after 2 years of struggle)..always I have got the same answers…..”We will see when the time comes”..and this will lead to disaster..you will loose time…Be sure that the time never comes…they will not act..and after all the damage has been cause you will change him. See – he still did not act..
I have changed 4 lawyers for my DV case..Now with the 5th one..let see how it goes..after having ideas from this forum I have drafted and file section 91 CrpC summoning the Income tax commissioner for the IT returns of the FIL and 25(2) of the DV act and submitted, in a court, in a place 2500 Kms away from my place because my lawyer was not acting..
Also Know that, if your wife has a sister or if your FIL has retired or is going to retire, or a government servant, then they will succumb much faster..keep these things in mind..
The reason, why most of us are stuck, and lose a lot of money is that we do not act at once. The fear of court, police and jail compels us to give a huge amount of ransom to the other parties…
The reason is we lose time. We know everything, we are all intelligent , we have the knowledge acquired from these forums and by reading judgements and later say “ohh..I should have done this..or I should have done that”
In this case, he has all the right to file 156(3) in the court praying for an investigation..or filing a private complaint under section 200 CrpC.
What will this act of his do?
Well, this will put the other party under pressure and this is what we want..they will run, bribe the police but they will be stuck…TRUST ME..THEY WILL BE STUCK BECAUSE, LIKE YOU ONCE WERE, THEY ALSO FEAR COURT AND POLICE…ENCASH THAT..
Your right to set the machinery into motion has been confirmed by the Apex court in the case of A. R. Antulay vs Ramdas Sriniwas Nayak And Another on 16 February, 1984 (AIR 718, 1984 SCR (2) 914), where the apex court has stated that “It is a well-recognised principle of criminal jurisprudence that anyone can set or put the criminal law into motion except where the statute enacting or creating an offence indicates to the contrary. The Scheme of the Code of Criminal Procedure envisages two parallel and independent agencies for taking criminal offences to court. Even for the most serious offence of murder, it was not disputed that a private complaint can, not only be filed but can be entertained and proceeded with according to law. Locus Standi of the complaint is a concept foreign to criminal jurisprudence save and except that where the statute creating an offence provides for the eligibility of the complaint, by necessary implication the general principle gets excluded by such statutory provision. [923D-F] While s. 190 of the Code of Criminal Procedure permits anyone to approach the Magistrate with complaint, it does not prescribe any qualification the complaint is required to fulfil to be eligible to file a complaint. But where an eligibility criterion for a complaint is contemplated specific provisions have been made such as to be found in ss. 195 & 199 of the Cr. P. C. These specific provisions clearly indicate that in the absence of any such statutory provisions, a locus standi of a complaint is a concept foreign to criminal jurisprudence. In other words the principle that anyone can set or put the criminal law in motion remains intact unless contraindicated by a statutory provision.”
He also has all the right to move the machinery by filing a private complaint under section 200 CrpC or a complaint under section 156(3) of the CrPC praying for an investigation, against any one, if he feels that he has been threatened and intimidated by that person..
Ranbir
