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Anis (Asst. Manager - Sales)     15 March 2014

Counter cases in sec.498-a case

Dear All, I need your advice regarding the following:- My wife filed a 498-A case against me and my family. She has alleged that my younger brother is an expert in Tarot and practices black magic. 

She has alleged that he used to cut lime on her head and threaten her that he will insert pins in a doll which will cause harm to her family.

She has alleged that due to the black magic done by my younger brother her health deteriorated.

She has said this during the cross examination also in the Family court where she has filed a case under Sec.125 and all the petitions that she has filed.

My query is as follows: Can my younger brother file a case against her under the Anti Superstition and Black Magic Act which has been passed by the Maharashtra Govt.

 

Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013

The current bill has 12 clauses which criminalise only the following acts:[3]

 

Assault, forced ingestion of urine or stool, forced s*xual acts, branding etc. on the pretext of exorcising ghosts from an allegedly possessed person.

Claiming to make miracles and defrauding or terrorising people.

Carrying out or encouraging acts which endanger life or cause grievous injury in order to gain supernatural blessing.

Carrying out or encouraging inhuman acts or human sacrifice in quest of some bounty or reward.

Creating the impression that a person has supernatural powers and compelling people to follow his/her orders.

Accusing a person of practising black magic or being an incarnation of saitan, blaming him/her of causing diseases or misfortune, and harassing the person.

Accusing a person of practising black magic, parading him/her naked and hindering the person's activities.

Claiming to invoke ghosts, creating the impression of possession, preventing the person from seeking medical treatment, and compelling him/her to inhuman acts.

Preventing a person from seeking medical advice in case of dog, snake, or scorpion bite, and compelling him/her to take magic remedies.

Claiming to perform surgery by fingers (psychic surgery) and claiming to change the s*x of an unborn foetus.

Claiming to be related to a person from a previous incarnation and coaxing them to s*xual acts, and claiming to have supernatural power to cure an impotent woman and having s*xual relation with the woman.

Claiming a mentally challenged person to be having supernatural powers and using such a person for personal gain.

Also please advise if he can file any other cases on her for defaming him.




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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     15 March 2014

He can file the case but proves are very much needed for evidence. Family relations may be collapse. Let elders involve and keep her in good desciplinery humanitarian life.

Kapil Gupta (Advocate)     15 March 2014

Dear client, your brother should file a perjury case under the IPC. You should have the evidence to prove your contention. If you don't have it, you will be punished. You can take bail for the charges imposed ny your wife. Thank you.

Gautam Kapoor (IT professional Studying Law)     19 March 2014

:) the allegation makes me laugh.Did she NOT allege that you brother made her to get dowry under the influence of black magic.He could have done that if he is such a big tantric. Coming to the point , fight the 498a case out and try not to be get arrested.Prejury can be followed later.


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