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Arjun Gupti (Business)     26 October 2012

Counter attack in reply to 498a?

Hi I was wondering if there are any cases that a husband can file against the girl and her family in reply to her false 498A case

Our stupid Government passed this stupid 498A to protect women against bad in-laws but now bad girls of bad families are misusing this to harass genuine families. Can you please list a few cases (e.g. fraud etc.) that a husband can file against the girl to teach her a lesson?

Thank you.

Arjun



Learning

 27 Replies

Kiran Kumar (Lawyer)     26 October 2012

dear Arjun

this aspect has been discussed on several occassions on this portal.

better make search about this problem form the search section of this portal, you will find enough ammunition and will also come to know about your limitations in the given circumstances.

 

best of luck.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 October 2012

Broadly :-

 

1. Defamation. (S.500 IPC)

2. 182/211 IPC. 

3. Tax Evasion.

4. Damages for Malicious Prosecution. 

2 Like

(Guest)

Ld. Bharat has rightly enumerated the cases which a husband can file against his wife.

 

These are ammunitions which are in the armour of every husband but they are hollow weapons which when fired do not produce the contemplated damage.

Any counsel of the wife would tell her that the counterblast cases filed against her would die their slow death without the wife having to undergo the ordeal of even appearing in the cases institited against her. Defamation succeeds in a very exceptional case. Even a finding of acquittal is not sufficient to hold a person guilty of defamation. What is required to be proved is that the prosecution which ended in acquittal was motivated and launched with the intent of harassing the petitioner. Unless the criminal court holding the accused not guilty also records a specific finding to the effect that the FIR/Complaint was lodged with a mala fide intent, defamation would not succeed. In the absence of such a finding the civil court trying a suit for malicious prosecution would not venture to determine whether the intent of the wife was tainted with mala fide at the time of filing of the FIR, thus making it a cakewalk for the wife to go scot free. 

Tax evasion petition and 182/211 would also meet similar fate. 

 

1 Like

surjit singh (Assistant)     27 October 2012

Very recently the apex court passed a very effective judgment in an individual case of 498A, in which it has observed that the the police should first see the FIR, in 498A case if there is effective evidence then only the police should act on the FIR otherwise it should not harass the family members of the family. This is a very wanted judgemnt which I think most of the people must have been waiting for. Now we can expect the misuse of the 498A will be curtailed to some extent, but after all the process of judging of the effective evidence at the initial stage is left at the hand of the police and people know how the police works in India. It is good that the judgemnet has also made some direction to the lower judiciary in this matter.

Alok Tholiya (self employed)     27 October 2012

Read the copy of circular as mentionsed by Surjitji on: https://womendignity.blogspot.in/2012/10/circular-to-police-by-central-govt-on.html

https://docs.google.com/file/d/0Bx2w09QCbpKoWjFiWUtxNFBWVHM/edit

 

Besides if there is a genuine grivance, with evvidence then all aggrived can approach court/ police as there r sufficient laws in India to nail any culprit but Arjun ji is doing fishing inquiry has he has not come out with any genuine case which one can guide from law point.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 October 2012

The cases which Ld. Bharat suggested can not be filed in each and every case.

 

Each case is unique and the counter also has to be unique. 

 

This is one of the articles which I had written long back, when passions run high, the reason take a backseat. I hope the same is relevant even today.

 

Hi Friends, 

When passions run high, reasoning goes on a sick leave.

How many of us agree to the above adage. I do. My this mail might be like dousing cold water on the fires raging in some of you to file counter cases.

Whenever I meet a victim, the first thing they ask is, what can we do to put them in the dock. Which counter cases can I file? It sometimes make me want to scream on the top of my voice - NOTHING AS OF NOW, GET BAIL FIRST FOR YOUR FAMILY AND YOURSELF. What keeps the tempers in check is the realization that the reactions of yours truly were not very different from these people approaching when he was new to the world of 498a. 

But I learnt that "incoming bullet has the right of way", hence first thing I need to do is duck and let the bullet pass. The great strategist Sun Tzu in his book titled 'The Art of War' has stated, 'The warrior who runs away from a certain defeat, survives to fight another day.' Hence, do not worry, if there are certain setbacks, just survive the initial shocks and you would be fine soon. I am telling you guys from the collective experience of many a fellow 498aed people. 

When yours truly was new to this, his first reaction was to file some counter case at the earliest. But better sense prevailed (more than that, better counsel prevailed) and the energies were concentrated on getting AB first and making sure that at least few of the family members are discharged from this false and frivolous case. Despite the same, yours truly were looking for ways to file counter cases

As per my understanding there are multiple cases which you can file.

Tax Evasion Petition: The most potent, but most under utilized tool by most of us. The statement of the girl is a noose in their necks. You just need to pull a little. File the Tax Evasion Petition as soon as you get the list of dowry articles and list of expenses in marriage. Anything above 10 Lacs and they are doomed. The loss might just be financial to them, but enough togive you a lot of breathing space. Also it may help you as an evidence in your defense. 

Dowry Prohibition Act, 1961 seems to be the favorite of almost all of us, specially ever since the Judgment of Hon'able S N Dhingra about the same.

But first see your own charge-sheet, have you been booked under DP Act 3/4. The are some chances that you are not. The reasoning is simple, in most states One year from the last incident is the time limit for filing DP Act. Now, when in your state one year is the time limit for filing DP Act, how can you file a counter-case under the same act. I have seen dozens of FIRs by now. The common ploy in all these FIRs is that the last day when they allege to have given dowry is more than one year away from the date of filing of the complaint. This cannot be a chance, they are definitely by design obviously someone had read his law correctly at some point of time and most other have copied it diligently.

But, thankfully for some of us and woefully for others, this time limit has been set aside by state amendments in certain states. If you are lucky to be living in one such state where there is no time limit to file DP Act. See, the FIR/ Complaint closely, is there a specific allegation that some part of dowry was given in the jurisdiction of the state where there is no time limit. Only, if you meet these conditions, you can file a counter case. But to what avail, D/P Act, 1961 is bailable in most of the states. Again State amendments comes to the rescue of some of us, but very few.

 

What other cases one want to file:

 

AFTER A LOT OF UNDERSTANING, I HAVE DISCARDED ADVISING PEOPLE TO FILE DP3 COMPLAINTS ANYMORE


120A/ B: Criminal Consipracy, What is the evidence that a conspiracy was hatched against you. Do you have a recording where they are shown hatching a conspiracy? Do you have some witness who has seen that they were plotting against you and gone ahead and taken some action?

191: Giving False Evidence
192: Fabricating False Evidence
199: False statement made in declaration which by law is recieved as Evidence
200. Using as true such declaration knowing it to be false
203. Giving false information respecting an offence committed
209. Dishonestly making false claim in Court
211. False charge of offence made with intent to injure

How can the above be done, without Evidence being done in your case.

321. Voluntarily causing hurt

Prove the same without being discharged. Can you?

378. Theft
380. Theft in dwelling house, etc

Did you institute the complaint, before she lodged a complaint, otherwise your complaint is a counter blast

403: Dishonest misappropriation of property 
405: Criminal breach of trust

Again did you institute the complaint, before she lodged a complaint, otherwise your complaint is a counter blast

499: Defamation
500: Punishment for Defamation:

Again valid only when you are discharged, though the application may lie before you get discharged too, but no proceedings would be allowed.

503: Criminal Intimidation
504: Intentional insult with intent to provoke breach of the peace

What are the proofs for the same, any previous litigation? Or is it just a counter blast.

182: Giving False information to public servant:

On discharge naturally.

Then there are other cases, which might apply in very particular cases, and can be 307/ 323/ 377 etc., but without basis and unsubstantiated, it does not appeal to my sensibilities.

ANOTHER THING WHICH I ALWAYS SUGGEST, IS IF YOU HAVE A CASE, LET THE STATE FIGHT IT OUT FOR YOU. REMEMBER THAT IN 498A SHE CAN SIT AND RELAX, WHILE THE STATE FIGHTS FOR HER. GIVE HER THE TASTE FOR HER OWN PILL. 

Hence my dear friends, let's not try to bring cart before the horse or try to cross the bridge before we come to it. First priority should be to get AB/ Regular Bail for all family members. Then wait for challan/ charge-sheet and then till you get a chance tofile other cases.

One thing which I have noticed that at the start of the case against us, we are all fired up to file a counter case. And once the case ends and we win, what do we do? How many of us know of people filing 499/ 500 or 182 or any such other case. How many of us have given press release to stop other bitter-halves from filing false and frivolous cases

Are not we the same people, who did not vote and now complain of having a good-for-nothing government? If yes, let's keep mum and let things be as they are. We have no right to object, comment or criticize the government if we have not fulfilled our duty of voting. And we should not build air-castles, if we have no intention of taking things to there logical end.

The strength of the man is not in his words but in his actions. If you have it in you, get started, help others, file a PIL, an RTI, shoot letters to every possible place and educate people about menace. Your time would come to get even.

Regards,

Shonee Kapoor

PS: Just another mooring - GET EVEN, DON'T GET CROSS.

6 Like

(Guest)

@ Surjit- The recent SC judgment is only a reiteration of the earlier guidelines laid down by the SC.  However, the core question is if a police officer does not follow these guidelines and makes the arrest in connivance with the complainant, can any action be taken against him? The answer is NO. It will not change anything.  SC judges pass many sermons in their judgments in the form of guidelines. Unfortunately, those guidelines do not percolate into the system. 

 

The crux of the matter is that no counter case yields any result. When 498A is filed all that an innocent husband can do and should do is contest it vigorously. If there is scope as per the allegations mentioned in FIR/complaint he should go for quashing, else face the trial. Once he is cleared of the allegations he can launch the offensive. 

1 Like

Rahul Arjaria (Law Student)     27 October 2012

Shonee Sir,

The information is very helpful for us but in my case I had filled Petition under Sec 12 (10 (1-C) first then I filled a complaint in all concerned police stations that my in laws are threatning me for false 498 A case to which my inlaws replied to th epolice that I had tortured the girl for dowry on which the police of my in laws police investigated and found that there is no matter related to dowry.

Again in the WS filled by my wife under Sec 12 (1) (1-C) of HMA she has stated that her father had given me 8 Lacs Cash and have made expenses of more than 3-4 lacs.

So, pls help me with the information that how can I file Tax Evation Petition and where and also would the false complaint of Dowry Torture would amount to cruelty for divorce under Sec 13 of HMA as I have been allowed by the court for amendment and alternate relief under Sec 13.

Arjun Gupti (Business)     28 October 2012

Thank you all for your helpful comments on this question. Also thank you Mr. Shonee for a detailed reply. That animal (which law refers to as my wife) filed a false 498A on me and my family 18 months after leaving our house. Now the case is in High court (mediation). They are demaning 25 lacs in mediation to give divorce and close this case. She has also filed another 'interim maintenance' 125 CRPC case on me. We've offered 5-6 lacs (max.) as we did not take even 1 single item from the girl's family and they only spent 1.5 - 2 lacs on the wedding function. Now what can I do? This is extortion. Can I contact media (Aaj Tak, Zee news) or send a letter to Chief Minister or PM in this regard? What can I do to get out of this mess and bring their reality in front of public? Neither I can give 25 lacs, nor I would like to fight this false case. There has to be some way to get out of this? Please suggest. 

Subu (Self Motivated)     28 October 2012

Dear Shonee

 

A good, detailed reply

 

Thanks and Kudos

 

Request your permission to blog your reply WITH your name on it 

 

regards

 

Subu


(Guest)

The Chief Minister, Prime Minister or the President have no authority under the law to interfere in a sub judice matter. Any letter you, therefore, write to them will be thrown in the dustbin. Don't bring press into the picture. Pressmen will walk away with an increased TRP but the remedies which you might have in law could get compromised. Contest the case on merits. That's all I can suggest.

 

Good luck!

 

Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court

2 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 October 2012

Rahul,

 

Simply file a Tax Evasion Petition with the concerned Income Tax Officer. To investigate the alleged expenditure, and let him take it from there.

 

You can get a sample TEP by writing to me.

 

Regards,

 

Shonee Kapoor

 

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 October 2012

Arjun,

 

Write to anyone you wish, but the fight is at the table. So concentrate on the court cases in court as well. Don't dilute your action on that front.

 

Regards,

 

Shonee Kapoor

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 October 2012

Subu,

 

By all means, you don't need my permission to blog anything I write. 

 

Regards,

 

Shonee Kapoor

1 Like

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