LAW Courses
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ASHWANI KUMAR (CEO)     10 July 2010

IS SECTION 9 HELPFULL FOR MAN IN LONG RUN

Dear all,

Is sec 9 helpful for a man to get relief from 498a/false case of DV.



 6 Replies

ravi shankar sharma (advocate)     10 July 2010

Dear mr. ashwani,

yes, sec-9 will  help u upto some extent not very much.

regards,

R S Sharma

Ayub S. Pathan (Legal Adviser)     10 July 2010

Mr. Ashwani,

If you Say and believe that it is a false case u/s.498a, then just you to create a doubt in the mind

of the court for the falsity of the case, you will not get any benefit so far, only by filing case u/s. 9 of 

HMA. But so far as false DV case is concerned you may get some advantage by  petition U/S. 9 of HMA.

Best Luck.

Ayub S. Pathan, Legal Adviser, Mah. state CID, Pune

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     11 July 2010

Dear Ashwini,

I've one more safeguard for u. It is section 3 DP Act. For more queries nad help u can call me at 9871158578. M used to work for the males who are victims of cruelities caused by their wives.

mahendra rai jain (advocate)     12 July 2010

It is not helpful always .... here are some provision to fight against false 498A case  

 

CHAPTER XI: OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC

JUSTICE

191. Giving false evidence

Whoever, being legally bound by an oath or by an express provision of law to state the

truth, or being bound by law to make a declaration upon any subject, makes any

statement which is false, and which he either knows or believes to be false or does not

believe to be true, is said to give false evidence.

Explanation 1- A statement is within the meaning of this section, whether it is made

verbally or otherwise.

Explanation 2- A false statement as to the belief of the person attesting is within the

meaning of this section, and a person may be guilty of giving false evidence by stating

that he believes a thing which he does not believe, as well as by stating that he knows a

thing which he does not know.

Illustrations

(a) A, in support of a just claim which B has against Z for one thousand rupees, falsely

swears on a trial that he heard Z admit the justice of B's claim. A has given false

evidence.

(b) A, being bound by an oath to state the truth, states that he believes a certain

signature to be the handwriting of Z, when he does not believe it to be the handwriting of

Z. Here A states that which he knows to be false and therefore gives false evidence.

(c) A, knowing the general character of Z's handwriting, states that he believes a

certain signature to be the handwriting of Z; A in good faith believing it to be so. Here

A's statement is merely as to his belief, and is true as to his belief, and therefore, although

the signature may not be the handwriting of Z, A has not given false evidence.

(d) A, being bound by an oath to state the truth, states that he knows that Z was at a

particular place on a particular day, not knowing anything upon the subject. A gives false

evidence whether Z was at that place on the day named or not.

(e) A, an interpreter or translator, gives or certifies as a true interpretation or translation

of a statement or document which he is bound by oath to interpret or translate truly, that

which is not and which he does not believe to be a true interpretation or translation. A

has given false evidence.

192. Fabricating false evidence

Whoever causes any circumstance to exist or makes any false entry in any book or

record, or makes any document containing a false statement, intending that such

circumstance, false entry or false statement may appear in evidence in a judicial

proceeding, or in a proceeding taken by law before a public servant as such, or before an

arbitrator, and that such circumstance, false entry or false statement, so appearing in

evidence, may cause any person who in such proceeding is to form an opinion upon the

evidence, to entertain an erroneous opinion touching any point material to the result of

such proceeding, is said "to fabricate false evidence".

Illustrations

(a) A, puts jewels into a box belonging to Z, with the intention that they may be found

in that box, and that this circumstance may cause Z to be convicted of theft. A has

fabricated false evidence.

(b) A makes a false entry in his shop-book for the purpose of using it as corroborative

evidence in a Court of Justice. A has fabricated false evidence.

(c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a

letter in imitation of Z's handwriting, purporting to be addressed to an accomplice in such

criminal conspiracy, and puts the letter in a place which he knows that the officers of the

Police are likely to search. A has fabricated false evidence.

193. Punishment for false evidence

Whoever intentionally gives false evidence in any stage of a judicial proceeding, or

fabricates false evidence for the purpose of being used in any stage of a judicial

proceeding, shall be punished with imprisonment of either descripttion for a term which

may extend to seven years, and shall also be liable to fine, and whoever intentionally

gives or fabricates false evidence in any other case, shall be punished with imprisonment

of either descripttion for a term which may extend to three years, and shall also be liable

to fine.

Explanation 1- A trial before a Court-martial; 101[***] is a judicial proceeding.

Explanation 2- An investigation directed by law preliminary to a proceeding before a

Court of Justice, is a stage of a judicial proceeding, though that investigation may not

take place before a Court of Justice.

Illustration

A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to

be committed for trial, makes on oath a statement which he knows to be false. As this

enquiry is a state of a judicial proceeding, A has given false evidence.

Explanation 3- An investigation directed by a Court of Justice according to law, and

conducted under the authority of a Court of Justice, is a state of a judicial proceeding,

though that investigation may not take place before a Court of Justice.

Illustration

A, in any enquiry before an officer deputed by a Court of Justice to ascertain on the spot

the boundaries of land, makes on oath a statement which he knows to be false. As this

enquiry is a stage of a judicial proceeding. A has given false evidence.

195. Giving or fabricating false evidence with intent to procure conviction of offence

punishable with imprisonment for life or imprisonment

Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to

be likely that he will thereby cause, any person to be convicted of an offence which

102[by the law for the time being in force in 103[India]] is not capital, but punishable

with 104[imprisonment for life], or imprisonment for a term of seven years or upwards,

shall be punished as a person convicted of that offence would be liable to be punished.

Illustration

A gives false evidence before a Court of Justice, intending thereby to cause Z to be

convicted of a dacoity. The punishment of dacoity is 104[imprisonment for life], or

rigorous imprisonment for a term which may extend to ten years, with or without fine. A,

therefore, is liable to 105[imprisonment for life] or imprisonment, with or without fine.

196.

Using evidence known to be false

Whoever corruptly uses or attempts to use as true or genuine evidence any evidence

which he knows to be false or fabricated, shall be punished in the same manner as if he

gave or fabricated false evidence.

199. False statement made in declaration which is by law receivable as

evidence

Whoever, in any declaration made or subscribed by him, which declaration any Court

of Justice, or any public servant or other person, is bound or authorized by law to receive

as evidence of any fact, makes any statement which is false, and which he either knows

or believes to be false or does not believe to be true, touching any point material to the

object for which the declaration is made or used, shall be punished in the same manner as

if he gave false evidence.

200. Using as true such declaration knowing it to be false

Whoever corruptly uses or attempts to use as true any such declaration, knowing the

same to be false in any material point, shall be punished in the same manner as if he gave

false evidence.

Explanation- A declaration which is inadmissible merely upon the ground of some

informality is a declaration within the meaning of sections 199 to 200.

209. Dishonestly making false claim in Court

Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes

in a Court of Justice any claim which he knows to be false, shall be punished with

imprisonment of either descripttion for a term which may extend to two years, and shall

also be liable to fine.

211. False charge of offence made with intent to injure

Whoever, with intent to cause injury to any person, institutes or causes to be instituted

any criminal proceeding against that person, or falsely charges any person with having

committed an offence, knowing that there is no just or lawful ground for such proceeding

or charge against that person, shall be punished with imprisonment of either descripttion

for a term which may extend to two years, or with fine, or with both; and if such criminal

proceeding be instituted on a false charge of an offence punishable with death,

104[imprisonment for life], or imprisonment for seven years or upwards, shall be

punishable with imprisonment of either descripttion for a term which may extend to seven

years, and shall also be liable to fine.

CHAPTER XXI: OF DEFAMATION

499. Defamation

Whoever, by words either spoken or intended to be read, or by signs or by visible

representations, makes or publishes any imputation concerning any person intending to

harm, or knowing or having reason to believe that such imputation will harm, the

reputation of such person, is said, except in the cases hereinafter expected, to defame that

person.

Explanation 1- It may amount to defamation to impute anything to a deceased person, if

the imputation would harm the reputation of that person if living, and is intended to be

hurtful to the feelings of his family or other near relatives.

Explanation 2- It may amount to defamation to make an imputation concerning a

company or an association or collection of persons as such.

Explanation 3- An imputation in the form of an alternative or expressed ironically, may

 

amount to defamation.

Explanation 4- No imputation is said to harm a person's reputation, unless that imputation

directly or indirectly, in the estimation of others, lowers the moral or intellectual

character of that person, or lowers the character of that person in respect of his caste or of

his calling, or lowers the credit of that person, or causes it to be believed that the body of

that person is in a loath some state, or in a state generally considered as disgraceful.

Illustrations

(a) A says-"Z is an honest man; he never stole B's watch"; intending to cause it to be

believed that Z did steal B's watch. This is defamation, unless it falls within one of the

exceptions.

(b) A is asked who stole B's watch. A points to Z, intending to cause it to be believed

that Z stole B's watch. This is defamation unless it falls within one of the exceptions.

(c) A draws a picture of Z running away with B's watch, intending it to be believed that

Z stole B's watch. This is defamation, unless it falls within one of the exceptions.

First Exception- imputation of truth which public good, requires be making or

publishing - It is not defamation to impute anything which is true concerning any person,

if it be for the public good that the imputation should be made or published. Whether or

not it is for the public good is a question of fact.

Second Exception- Public conduct of public servants- It is not defamation to express in

a good faith any opinion whatever respecting the conduct of a public servant in the

discharge of his public functions, or respecting his character, so far as his character

appears in that conduct, and no further.

Third Exception- Conduct of any person touching any public question- It is not

defamation to express in good faith any opinion whatever respecting the conduct of any

person touching any public question, and respecting his character, so far as his character

appears in that conduct and no further.

Illustration

It is not defamation in A to express in good faith any opinion whatever respecting Z's

conduct in petitioning Government on a public question, in signing a requisition for a

meeting on a public question, in presiding or attending a such meeting, in forming or

joining any society which invites the public support, in voting or canvassing for a

particular candidate for any situation in the efficient discharges of the duties of which the

public is interested.

Fourth Exception- Publication of reports of proceedings of Courts- It is not defamation

to publish substantially true report of the proceedings of a Court of Justice, or of the

result of any such proceedings.

 

 

Explanation- A Justice of the Peace or other officer holding an inquiry in open Court

preliminary to a trial in a Court of Justice is a Court within the meaning of the above

section.

Fifth Exception- Merits of case decided in Court or conduct of witnesses and others

concerned- It is not defamation to express in good faith any opinion whatever respecting

the merits of any case, civil or criminal, which has been decided by a Court of Justice, or

respecting the conduct of any person as a party, witness or agent, in any such case, or

respecting the character of such person, as far as his character appears in that conduct,

and no further.

Illustrations

(a) A says-"I think Z's evidence on that trial is so contradictory that he must be stupid or

dishonest". A is within this exception if he says this is in good faith, in as much as the

opinion which he expresses respects Z's character as it appears in Z's conduct as a

witness, and no further.

(b) But if A says-"I do not believe what Z asserted at that trial because 1 know him to be

a man without veracity"; A is not within this exception, in as much as the opinion which

he express of Z's character, is an opinion not founded on Z's conduct as a witness.

Sixth Exception- Merits of public performance- It is not defamation to express in good

faith any opinion respecting the merits of any performance which its author has submitted

to the judgment of the public, or respecting the character of the author so far as his

character appears in such performance, and no further.

Explanation- A performance may be substituted to the judgment of the public expressly

or by acts on the part of the author which imply such submission to the judgment of the

public.

Illustrations

(a) A person who publishes a book, submits that book to the judgment of the public.

(b) A person who makes a speech in public submits that speech to the judgment of the

public.

(c) An actor or singer who appears on a public stage submits his acting or signing in

the judgment of the public.

(d) A says of a book published by Z- "Z's book is foolish; Z must be a weak man. Z's

book is indecent; Z must be a man of impure mind". A is within the exception, if he says

this in good faith, in as much as the opinion which he expresses of Z respects Z's

character only so far as it appears in Z's book, and no further

 

 

(e) But if A says-"I am not surprised that Z's book is foolish and indecent, for he is a

weak man and libertines. A is not within this exception, in as much as the opinion which

he expresses of Z's character is an opinion not founded on Z's book.

Seventh Exception- Censure passed in good faith by person having lawful authority

over another- It is not defamation in a person having over another any authority, either

conferred by law or arising out of a lawful contract made with that other, to pass in good

faith any censure on the conduct of that other in matters to which such lawful authority

relates.

Illustration

A Judge censuring in good faith the conduct of a witness, or of an officer of the Court;

a head of a department censuring in good faith those who are under his orders; a parent

censuring in good faith a child in the presence of other children; a schoolmaster, whose

authority is derived from a parent, censuring in good faith a pupil in the presence

of other pupils; a master censuring a servant in good faith for remissness in service; a

banker censuring in good faith the cashier of his bank for the conduct of such cashier as

such cashier-are within the exception.

Eight Exception - Accusation preferred in good faith to authorized person- It is not

defamation to prefer in good faith an accusation against any person to any of those who

have lawful authority over that person with respect to the subject-matter of accusation.

Illustration

If A in good faith accuse Z before a Magistrate; if A in good faith complains of the

conduct of Z, a servant, to Z's master; if A in good faith complains of the conduct of Z,

and child, to Z's father-A is within this exception.

Ninth Exception- Imputation made in good faith by person for protection of his or

other's interests- It is not defamation to make an imputation on the character of another

provided that the imputation be made in good faith for the protection of the interests of

the person making it, or of any other person, or for the public good.

Illustrations

(a) A, a shopkeeper, says to B, who manages his business-"Sell nothing to Z unless he

pays you ready money, for 1 have no opinion of his honesty". A is with in the exception,

if he has made this imputation on Z in good faith for the protection of his own interests.

(b) A, a Magistrate, in making a report of his own superior officer, casts an imputation

on the character of Z. Here, if the imputation is made in good faith, and for the public

good, A is within the exception.

Tenth Exception- Caution intended for good of person to whom conveyed or for public

good- it is not defamation to convey a caution, in good faith, to one person against

another, provided that such caution be intended for the good of the person to whom it is

conveyed, or of some person in whom that person is interested, or for the public good.

500. Punishment for defamation

Whoever defames another shall be punished with simple imprisonment for a term which

may extend to two years, or with fine, or with both.

 


(Guest)

Some thoughts;

1) S. 9 HMA is both powerful as well as weakest S. in HMA when S. 498a IPC / DVA and /or S. 125 CrPC filed by wife.

(a) Once you file S. 9 HMA it opens door for S. 24 HMA (int. maint. under HMA the Act) and Court allows her to ride simultaneously two horses for same relief unless you hop to HC and or SLP before Supreme Court all depends on your pockets and mercy of a good Advocate climbing these matrimonal ladders!
(b) The HMA (Family Court) will start reconcilation / mediations efforts and both are time consuming and meter of S. 24 HMA will be done by that time if she files that and / or if she contests the Suit.
(c) If one fine morning suppose she says she is ready to join matrimonial home before the Judge then you will have no option other than to take her hand in hand to your sweet home ! If you say NO then there pops inference upon Judge on wrongs into rights and dismissal of your Suit a day sooner. Think loud about this typical game situation she may play upon.
(d) If she does not care to contest your S. 9 HMA and after struggle even if you get ex Party Decree out of it and Executing it, it will be next to impossible as no Act of God can compell a spouse to live together if they don't want to share a roof, then after 2 years you can convert it into Divorce but there goes 2 years of your silence mode. Think loud about this situation.
(e) Well filing s. 9 HMA as soon as she left the matrimonial home and or within 1 month of her filing comlaint cases is good inference as far as S. 125 CrPC / DVA are concerned but suppose abovesaid (c) comes up one fine day then ! This is said if you don't want to bring her home.
(f) S. 9 HMA is good option if you both really want to live together and due to external forces such Complaints happened other than that in my opinion when a Complaint case is filed then it is better to be poles apart till compromise / settlement date while contesting the respective complaint cases.

Destiny by Choice and or Destiny by Chance are / is all made within our mind hence act wisely as per each ones capacity and what and or how one wants at the end out of these matrimonial cancer chemo doses................

All the best.
Rgds.

Mrs. Hetal Sunil Shah (Advocate)     13 July 2010

section 9 is only in favour of man


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query