Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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How and where to fight against 498a?

Page no : 2

stylistperson (Director)     04 January 2012

There is a new option I found to fight against misuse of 498a. You can search in google or yahoo and find Private Detectives who can help to collect some good evidences such as extra affairs etc... Just need to be careful that Detective do not make you fool so before you go ahead, try to be sure that you are finding what is nearly fact.

 

Is anyone here knows professional Private Detectives in Ahmedabad? Please advice, that can be helpful in my database and family case too. Cheers.

A1981 (abc)     04 January 2012

Hi

It is really good to see this thread full of energy. The sad part is that people are not opening up here itself.

I am really with you anywhere, anytime.

We are no better than misuser because we prefer to keep our mouth shut rather than raising the voice "Wron is wrong".

See certain irony which I have seen, 

a) Police prefer sending people to jail rather doing their duty. inorder to escape from cluthes of law, They feel their service is more important than the lives of people. They can file charges even w/o evidence (very safe and very less work). They can present loin as a cat in their report. While sitting in the office They write  that have they searched for the accused in LONDON, (If you have objection on this line prove it otherwise in court, even if you did nothing will happen to them)

b) Advocate prefer exrorting money by misguiding the vicitims to keep their shop running. They are so heartless and cold blooded that it doesn't even matter to them, if certain people are going to jail because of their reluctancy and inability. Each and every lawyer feels that they are the most intelligent people on earth (blunder). They criticize their own fellows, judges criticize lawyer, lawyer criticize judges. They feel only dignified and most talented people are in this profession. They are good for nothing. I felt in my own case that I took better decision with my little knowladge of law rather than talking to two different counselors because It will be most obvious that one counsel will condemn others view. Doctors refer critical cases to more sr. doctor but lawyers will never do that because they all are equally intelligent. They will bombard you with knowledge and skills in chamber but in court they even fear to speak truth. 

c) Judges - They are so much bound by law that they prefer templatized judgements. I have spoken to so many judges at all the level, they have a common view point, "It is safer to punish or linger rather acquiting people (even if they are innocent)". They have virtual dictionary that tells what to do when (facts of the case and evidence does n't matter)

d) Law makers - They can make any thing. they prefer patches in place of clear, equal, unbaised  law (They cant make unbaised, equal, clear law.. think why??)

I felt that Jutice system works inline with the following quote,

"Keep engaging, sooner parties will run out of energy, no one will demand justice again, matter will get closed itself"

Author: Now tell me how should I fight. Whatever you have written I have tried all. The biggest irony is this that my defence will be heard only before conviction, No matter what you have, How innocent you are, first take the taste of laws. "This is the simple law of land"

My teacher use tell me one thing while teaching math, "There are two types of rules, one that you apply to solve the problem other is traditional unwritten rule which you have to follow while solving the problem. You can adopt different rules for first part but latter can not be over ruled. Traditions become law over a period of time, those can not be overruled" (If not clear, read it many times)

[Please take criticism in right spirit, These are my personal opinions, I know I will get too much back no this :(]

1 Like

(Guest)

@stylist person

Suggest you not to depend upon other's, Better understand your case and fight it on merits.

Don't bow down if you truly innocent.

Take other's opinion, it's always better.

stylistperson (Director)     05 January 2012

Fanatastic summery by A1981. I agree with him as its fact but shouldn't miss any opportunity which you think may favour you. WIN - WIN situation is always open option in any circumstances.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 January 2012

make some realistic efforts to organise all the victims.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 January 2012

Join SIFF,

 

Join forum.498a.org

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 November 2012

 


How to fight a false 498A ? A common husband’s guide.Image 

“For men in India marriage is a lottery but you can’t tear up your ticket even if you lose…” and it’s not just you who would have to live with the lost lottery but your entire family may have to suffer at the hands of a system so grossly skewed in favour of women.

Marriages may fall apart for a lot of reasons, temperamental issues, compatibility problems, but does that make you an offender in the eyes of law? Yes it does, your estranged wife in order to have her way in arm-twisting you may implicate you and your family in end number of false cases, 498A being the foremost.

498A penalizes cruelty for dowry, almost always comes alongwith S.406 Allegations which basically penalize the criminal breach of trust, when your wife’s articles are entrusted to you and you fail to return them back – misappropriate them or convert them to own use – you are criminally liable !. By aid of S.34 of the Indian Penal Code – your family/relatives can be held liable for the same if they share the common intention with you.

Now if you think that you have a wife who can potentially do this for money or the kicks that her ego gets out of the same or pure vengeance then you are my friend in a vulnerable situation, but there is a silver lining to this, there are legal strategies that may help minimize, if not completely rule out, the damage or mischief that may occur to you.

Being a Supreme Court Advocate and a Mens Rights Activist I speak from experience, the following things may(if done correctly) help in a lot of cases :-

1. Insist on a dowry-less marriage – Preparing of list of articles received at the time of marriage, countersigned by both the families, would help rule out exaggerated claims later !

2. Digging the well before the fire starts; when trouble starts at home you apprise all concerned of the problems that you are facing, not for the purposes of any action but information;

If you see things going awry in near future, then it would be good idea to seperate from parents to a rented house with sufficient public notices;

3. As per the prevailing law atleast here in Delhi, if your wife approaches a Police Station with her complaint, she is to be forwarded CAW CELL instituted to try and reconcile and investigate and act as buffers so that penal actions are not inititated right away. Once the matter goes to CAW Cell – apply for an anticipatory bail , you are sure to get notice bail atleast – this would help in two ways :-

a) Give you greater confidence, level playing field in the CAW Cell talks;

b) Prevent any hasty arrest on failure of conciliation;

All in all nothing to lose in this and in this step 1. Would help a great deal.

4. Seek a copy of complaint via RTI ASAP, since they deny at the first instance you’d have to appeal therefrom which may take some time. There are CIC Decisions that would help you here.

5. In the event of an FIR being registered apply for AB again, and quashing of FIR (not always depends on the kind of allegations leveled)

6. Filing Restitution of Conjugal Rights (case that you want her back) may help in some cases, but not in all. Sometimes it helps in defending maintenance cases, and showing your bona fides.

7. Keep a check on your wife’s finances. Would come handy defending maintenance cases.

8. Prosecution (S.340 CrpC) for perjury in cases of false & exaggerated claims in maintenance petitions.

9. Tax Evasion Petitions once you get the List of Istridhan may also help put pressure.

10. Dowry Prohibition Act – penalizes giving of dowry so in case there is a clear admission of DOWRY (not Istridhan) then in that case your in laws are also liable to be prosecuted. Think on these lines !

11. With a marital property law on the anvil, don’t buy property in your name, much less jointly with spouse.

The above may go a great deal helping you defend correctly, my advise would be to stand your ground, don’t give in to their extortionate tactics, once you’d get an AB the worst would already be over and after that the judicial system with it’s endemic delays won’t treat your wife differently, sooner or later she would realize that frivolous litigation doesn’t pay !

The Author is a Supreme Court Advocate, and a Mens Rights Activist and can be reached at bharat.law06@gmail.com, Tel : 9810553252.Bharat Chugh - Advocate Supreme Court of India

Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com

Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia

1 Like

rajareddy (dba)     12 August 2014

Hi Friends,

I married a bad girl(age:28) on 26-12-2013. I am working in Bangalore in a MNC Software company.I am from poor formers family from kadapa dist,Andhra pradesh. She was with me for only one month. She dont have parents and she was staying with sister and brother-illaw. I thought she dont have parents and dont have studies also(10th pass), so she love my family. But she already having illegal relationship with her sisters husband.Just for society and for property she married me and spoiled my good life.  She came back to their their sisters house on 30-03-2014 from Bangalore. She didt come to Bangalore.

She and their sisters family is a jungle persons. They done baanamati and chetabadi against me. I went to that bad girls house to bring back that bad girl. That stupid girl already removed "TAALI BOTTU" and "LEG METTIES" and not like to come with me. She and their sisters family demanding 5 lakhs.

In that situation i depressed a lot and i committed suicide in front of that bad girl house. In stomach in with knife i cut 12 times, She and her sisters family dont help me to hospital also, and they filled false cases against me 307,309,324,326A,498A.

I was in jail for 17 days. She demanding 5 lakhs to divorce and 5 lakhs for case compromise.

All my dear frends what should i do, shall i pay 10 lakhs.

But 5 cases filled na, how many days it will take to clsoe all cases and taking the divorce also. Please frends and layers help me to come out from these big problem.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 August 2014

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     12 August 2014

I have lot of doubts on SIFF. We don't need thesis. We need action.


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