LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rahul Kumar (Business Analyst)     12 June 2013

Counter f.i.r u/s 315,506,120-b,211,108 and 34

Hi Guys,

Last year my wife and her family had lodged a false F.I.R against me and my family u/s 498-A, 323, 506,504, 313 and 3/4 DP Act. She was three months pregnant and later got herself aborted and framed the charges of miscarriage on account of beating and kicking by my family. They had demanded 12 lacs and half of my property in lieu of settlement of case. I did not budge to their demands. I and my family sought bail from lower court after 6 months. Later in police investigation it was proved that all her allegations of miscarriage and threatening were false. So sections 313 and 506 were dropped in the final chargesheet filed with the court. On the basis of police investgation I had filed a case of infaticide against my wife and her family before the magistrate. I exploited all the loop holes in her F.I.R and made a case out of it. Yesterday on the magistrate's order a case of infanticide has been registered against my wife and her family.  They are in big trouble now. My mother had filed a case of DV against her asking for compensation of Rs. 5.0 lacs from her. 

She had filed a maintenance case of 125 Cr.P.C. in family court. I had countered her case by filing a case of maintainance u/s 24 of Hindu Marriage Act. Later she filed a case of her sti-dhan u/s 406 I.P.C. I countered her case by filing a case of Var-dakshina u/s 406,420, 120-B, 108,34 and 414 I.P.C. I keep on reading mesaages in forum asking for help. Guys its my sincere advise to you that first of all have faith in yourself and do not bow to their pressure tactics. See in all cases of 498-A they always  weave a false story leaving some loopholes. So look for those loop holes and exploit them to file counter cases against them. Then you can bring them to floor to your terms and conditions. Now I'm planning to oppose their bail in HC and SC also if needed. 

Rahul Kumar



Learning

 12 Replies

Manoj Kumar Jain (abc)     12 June 2013

good lage raho


(Guest)

So what`s the status now?Have they approached you again for settlement?

dv (ghvhb)     12 June 2013

What excatly is var dakshina and how to use it ?

Rahul Kumar (Business Analyst)     12 June 2013

Guys Var-dakshina is a recognized term since ages. It refers to all gifts and cash that groom recieves during marriage from his friends and relatives, which only belongs to the boy and boy only. It is a counterpart of stri-dhan. If the girl alleges that you have her str-dhan then you can also allege that after marriage you had handed all your gifts and cash recieved as a part of 'var-dkashina' to the girl and she had not returned those gifts and cash. This is how it should be used. 

But use it smartly and wisely. Before anything always send a legal notice to her asking her to return your var-dakshina. Then you file a case against her and her family u/s 406 and 420.

Rahul Kumar (Business Analyst)     12 June 2013

They have been running after me for settlement. But, I refused to talk to the girl because she is not interested in giving me divorce and wants to come back. But, now i don't want her.

BORN TO FIGHT (PROPERITOR)     13 June 2013

Dear Rahul,

on which graound your mother has filed DV case against her. can you tell me, me and my parents are living seperate since immidiate after of marrige. and she has filed case against my brother sister and parents police has droped my brother sister name from FIR, now can i file any case against her. my wife has filed crpc 125 on me for maintance stating she is not working. can i file hma 24 against her if yes please suggest me the way. how i can file var dakshina case against her she has not filed any 406 case my marrige has been celebrated in 2008. please advice.

Thanks

AT

rajiv rajan (rr)     14 June 2013

Congs Friends 

And fight for Justic. 

 

498 A fighter (Advocate)     14 June 2013

u will fight and fight for justice how you file case of infaticide? kindly if you are able to provide inforamtion over it then please share i m also going to file counter cases byt my lawyes says after winning  four ningty eitht we  go for this> byt by reading your post i got courage so please guide me here my case charge filed but polce sp and ad sp give me in  written that my case was of malicios prosecution/ and collector gave letter to DpO to withdras the case now i want to teach her lesson so ppplease gudie me here and give me how i can fight back?

Rahul Kumar (Business Analyst)     14 June 2013

I have filed a case of infanticide by taking loophloes in thier F.I.R because in police investigation it was proved beyond reasonable doubts that she was not pregnant during the time of incidence which means she aborted her foetus much before the incidence mentioned in F.I.R. She aborted my baby in bad faith. So she is covered in the case of infanticide. 

498 A fighter in your case you are very lucky to have that kind of report from police. Based on police report file a case of perjury u/s 340 (1) Cr.P.C. First of all get your chargesheet quashed from HC u/s 482 Cr.P.C If needed go to SC. That is tedious job. But do it for yourself and your honor. Meanwhile file cases of maintenance that you have suffered immensely at the hands of your wife. So you are entilted for maintainance u/s 24 HMA and that you have lost your job and disowned by your family. You can file case of  211 (Making false charges), 120-B (Criminal conspiracy). You can also frame charges of adultery on her. Don't listen to these lawyers. Consult some good lawyer of HC and SC. They will help you in counter cases.

Rahul Kumar (Business Analyst)     14 June 2013

Hi Born to Fight,

DV can be filed any woman in the nature of relationship of marriage if they have lived under same roof even for a very short period od time. So your mother and even your sister can file DV against your wife stating that she use to abuse her and on many other accounts causing mental cruelty and harrasement to her. She can demand a compensation of hefty sum from her. Since your brother and sister have dropped from F.I.R so they can file case of defamation, 340(1) Cr.P.C. (Perjury), 211 I.P.C (False charges of offence) and 182 I.P.C (providing wrong information to public official) and many other cases. It is a good thing that happened in your case use it to your advantage and put your wife and her family in dock. Teach these buggers a good lesson. File a case of maintainenance u/s 24 of HMA that you have suffered immensely at the hands of your wife that you have lost your job because of her and have been disowned by your family because of her. Since she is living with her parents and have sufficient means of livelihood so she is liable to pay maintainenance to you. Regarding var-dakshina I have already described in my earlier post. So you use that also. Try to get an F.I.R lodged from court u/s 156(3) Cr.P.C if the police do not register your case.

498 A fighter (Advocate)     14 June 2013

thanking you sir keep in touch, i will definitely follow your advise for my reputation and my loss , present situation is we are going for revision , till that we get repor t from SP that what legal action /departmental action they took against the investigation officer all reports are ready now after long struggle and probably i get on tuesday. i will never go for compromise i  just left the job of 1.5 lac permonth only for my honour some say i m fool yes i m for honour and to teac h lesson i go to any extent as i m on truth and honest and  i m fighting honestly.

also i request all the sufferer to fight only never go for compramise it is the demand to save all the mans right, family and their kid from such b*tches and cruel ladies.

Harsh (Manager)     17 June 2013

@fighter

a life of dignity is more important than a successful career and bank balance. \what you did is very praise-worthy. we cant fight all battles of life, but whatever we can, we should.

@author

great to see some strong offence from your side; and you are right most lawyers shy away or dont know how to take the fight to door step of 498a gang. that could be very demoralizing to a 498a victim who is already in trouble.hope your story inspires others to fight back.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register