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Fight against misuse of 498a ipc.

Page no : 2

Rocky Smith (Instructor @ Calcutta (     02 June 2014

Dear All Friends,


I think we are loosing focus on the main topic.


Is is very tough for some one to do?

Gautam Kapoor (IT professional Studying Law)     02 June 2014

no Mr.Bani we are not loosing focus but rather trying to gain more focus.Waiting for Mr.Trilok’s response.

Gautam Kapoor (IT professional Studying Law)     02 June 2014

in lieu of the author’s (your) post.We all would get better focussed when he responds with his comments...

Rocky Smith (Instructor @ Calcutta (     02 June 2014

Dear Experts and Friends,


If you have anymore good ideas and information regarding my topic then please post.

It might help a lot of victims.


Thanks in advance for your contribution.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

Mr. Bani,


How many speedy trial orders have you heard/ Know from personal experience?



Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Rocky Smith (Instructor @ Calcutta (     03 June 2014

Till now only one speedy trial and got success.


My experence is very less compared to you. Need your valuable additions thanks!

Gautam Kapoor (IT professional Studying Law)     03 June 2014

Sorry learned gentlemen,are we trying to prove a point  that speedy trial is not possible in 498 case or are we  trying to count the number of cases where speedy trial was imposed. Apologies both the answer and the question looks ambigious to me .. aka the english language.

Rocky Smith (Instructor @ Calcutta (     03 June 2014

Speedy trial is a right of every accusted as per Article 14 of Indian Constitution. We have lot of citations for speedy trials.
If someone in-person appears in HC and preys for speedy trial by showing these citations and fundamental rights of Article 14, he will deffinitly get it.
If he goes with some lowyers who is dishonest he will never get it.
Because the motive of most of the lawyers is to prolongate any case, hence they do not like SPEEDY TRIAL.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

The point I am trying to make is that like quash/ discharge/ DP3, speedy trial is a remedy, which looks good on paper, and takes loads of efforts to get through.


Most of the time it is not worth the effort. Just a direction "as expeditiously as possible", means nothing to trial courts unless it is time bound.


Rocky Smith (Instructor @ Calcutta (     03 June 2014

Dear Friends,


I have got the speedy trial order as follows: -


"The trial court is directed to dispose of the pending criminal case positively within 6 months from the date of communication of the order"


And the trial court have disposed of even 3 days before from the said 6 months from the date of put-up when I have communicated the said order.


Anyway, If the trial courts sill don't follow the order of HC then they are in contempt.

We can file Civil Writ against the state and prey for cost also again can appear in HC for time frame.

Gautam Kapoor (IT professional Studying Law)     04 June 2014

Bani Sir, can we kindly request you to update you profile for not being a called a psuedoname

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 June 2014

Glad that you got such order. 




Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Rocky Smith (Instructor @ Calcutta (     04 June 2014

Dear Mr. Gautam Kapoor,


I will be glad if you concentrate on the topic. I guess my profile is not that much important rather the important thing is to guide all victims properly.


If you feel that I have any mistakes or I need to add anymore thing then please feel free to tell me.


I also request you and all Learned experts to add their valuable additions to guide poor victims properly.


Thank you all!

Gautam Kapoor (IT professional Studying Law)     05 June 2014

.Apologises as I failed to convey my point.

Sulpi (NA)     11 June 2014

Hello Mr. Bani, 

Thank you for this wonderful article. 

I was unable to find an answer to the case I have. 

The girl had launched a complaint with CAWC after divorce and I already have been married ... In this case, the girl is demanding a sum of 30 lakhs and CAWC is helping her with it. I am not residing in Delhi but I had to keep coming to Delhi months since January. Now the issue has been forwarded to the inspector, She has threatend me to pay up immidiatly on Friday or else they will put me in Jail. 

As it is, it is a false case after divorce. CAWC says that they donot accept my divorce nor my second marriage. As per islamic law, I had given Talak to the girl last year itself. The reason for Talak was that the girl never stayed with me nor had any physical relationship. After marriage the girl went home rather than coming to my house. After 1 year of trying to get her, we found out that the family had extorted out a sum of 40 lakhs from an NRI earlier similar fassion. 

I am already having health issues and also my job does not allow me more that one leave a month. I have to shell out 20k every month just o flight tickets and my family is also suffering badly. My wife is pregnant and we are expecting in 3 months time.. This entire issue has morally affected all of us. 

Please note that we have paid a sum of 10 lakhs to the girls family before this case was filed, now they have polictial backing of AAP - we saw a letter from Arvind K ( CM of Delhi) stating that police need to take immidiate action against me. My salary is 30k a month, my wife also earns similar amount due to which I can afford to travel  to Delhi ... I dont have any more money left with me and these people are torturing me mentally ... 

I need all the help I can get. 

My question is: 

  • Can the girl file a case of dowry + domestic violence on me even though divorced ?
  • How can Police tell me that my current marriage is illegal when it was done as per Islam?
  • How can I deal with the Delhi CM letter ?
  • Can I file a case against the girl and family ?
  • Threat by CAWC that they would put me behind bars if I dont pay on friday even thought I have anticeptory bail - Is it legit ?

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