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Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     20 June 2014

My wife left home, what to do !!!

 . . . . . . . . . . . . . . . . . . . . "Jai Mata Di" . . . . . . . . . . . . . . . .
What to do when wife leaves home !!!
(1) Write a letter to PHQ that she left with jewellery or whetevr is truth & also mention whosoever threatening you for false 498a
(2) Sleep till CAW or Police intervenes
(3) When CAW Starts, Write an RTI and ask for Complaint Copy.
(3.1) And then after first or second date itself apply for anticipatory bail u/s438 CrPC. You will get a NB. If NOT then apply again in 2-3 days with additional ground. You will get for sure. If NOT then apply in HC. You will get for sure without doubt.
(4) In CAW Wait for Dowry List. While receiving Dowry list, sign on it after writing that I am receiving without reading as I am NOT in a good mental position (if u r actually NOT well).
(5) Immediately after that put RTI to DCP that whether 07/2007 followed & whether Neera Singh followed, If then give a copy.
(6) Before Step 5 or immediately after step 5, write a letter to DCP for proper investigation mentioning 07/2007, Neera & related circulars & get receiving in person. On that same receiving wala page, take receiving of PHQ & ACP CAW. Wjosoever refuses tell them to refuse in writing.
(7) Remember:- Point 6 means you are requesting CAW to follow these circulars.
(8) After this put RTI to DCP or PHQ & ask whether these circulars being followed. They will be in mess & opp gang will be pressurized by police to take back complaint (bcoz they all know its false).
(9) If they take back complaint, then thru RTI take that copy of withdrawal of complaint.
(10) File for Divorce on the basis of false complaint (Immediately on Withdrawal) in case u don't want to live with her. My Own suggestion is to GHAR BASA LE but feel free to hv ur opinion & choice.
(11) If wife comes back in CAW with new CAW then request CAW legally to re-start old complaint also bcoz that is a law & they can't deny. Above steps will start again now.
(12) Keep noting her contradictions along with new complaint.
(13) Again take Bail (for those named now in this New Complaint)
(14) Again follow above steps.
(15) In the mean time, after getting dowry list, put TEP as follows:-
(16) Goto CCIT Civic Centre Ajmeri Gate & take receiving. If staff refuses then tell them to wrote refusal in writing. They will accept it & put a stamp.
(17) Take that Stamped Receiving & within that page itself take receiving from DGIT(Investigation) & after that come home & send letter by post to Member Investigation. Thats it !!!
(18) After 10 days put first RTI regarding progress. They will say bla bla but they will now start acting as they have sensed who are NOT going to spare or leave any chance.
(19) Prepare WS through an expert who knows that, "Denial without submission is NOT a denial" so your WS must be solid & accompanied/loaded with at least 3-4 applications to dismiss the false & concocted petition. Also within that first WS you need to highlight ALL her Contradictions & Concealment of Facts.
(20) If she does NOT accept Divorce Summons then goto her colony gate with a MUNADI (nagada) & the MUNADI MAN will loudy announce SUNO SUNO SUNO . . . . & get video recording of that MUNADI & give copy of summon to any ganya manya person of that locality. Submit this Video Proof in court that Divorce Summon (thru MUNADI) done after her failure to receive summons. This is LEGAL MUNADI after 2 failed attempts to let summons accepted by them. This point no.20 also has a SOCIAL INFORMATION (LEGALLY OF COURSE). After that you can optionally give publication in local dailies also.
(21) Do NOT challenge orders of a lower court in REVISION (Sessions) or WRIT APPEAL (HC) or DIRECT SC APPEAL u/a 136 (IF YOU WANT A SPEEDY TRIAL) because time is running & longer means longer you hung & paying interim etc. Otherwise all these 3 options are available with u.
(22) If DV Judge issues Unfavorable INTERIM against you THEN DO NOT WORRY AT ALL. Simply tell them "Sir/Madam, Evidences/Trial start kijiye please". Seeing this move NOW your wife will be under pressure & resort to delay tactics because she can't prove. This approach is better than appeal otherwise you will end up paying interim till appeal is disposed off. Itne time mein kyo na evidence bhi khatm kar diya jaye.
(23) Order XI, Rule 1 (INTERROGATORY) shall be used after CROSS STAGE because otherwise they will know all your moves. Keep that interrogatory handy & from that ask questions. To learn Cross wait for my thread on Cross or goto any lower court where corss is scheduled & learn from there.
(24) Order VII, Rule 11 can be used along with WS. I strongly suggest this if u can prove with evidence that its false & vexatious complaint with NO CAUSE OF ACTION.
(25) Perjury should be filed again n again. First Perjury MUST GO along with WS itself. Aftr that as they keep on lying on affidavit. You keep filing Perjury. If you don't have HER SALARY evidences then summon her bank manager, ITO, Employer, PIO etc thru CrPC 91 (You need to pay for their PA/DA for all those you summon but this cost is lesser than lawyers cost & cost of injustice but remember that for criminal court 498a there is NO Fees payable to summon anyone even if PM is summoned. In DV if u apply CrPC 91 then costs are payable. Strange but true.)
NOTE:- Whatever Evidence you get thru PIO's those need to be verified in Evidence Stage thru Summoning respective PIO's using CrPC 91. Call them as your witnesses. Do NOT use family, friends, servants, neighbours etc as your witnesses AT ANY COST. Let the opp gang use it & you cut them. Thats it !!!
(26) PRAY TO GOD and "Jai Mata Di" at every stage ONLY THEN YOU WILL WIN FOLLOWING MY ADVISE. . . . . . lol but seriously also dear.
(27) Judges have DISCRETIONARY power. Hence, never show attitude to judge even if you are 100% strong legally. Show yourself Innocent, Behave & Act Politely.
(28) If Summons NOT received by any respondent then that respondent need NOT go. And Judge can NOT tell husband to bring others even if living together. Process of summon need to be followed. And those summoned if don't go then get in writing from them like old age, health problem etc but do NOT overdo this.
(29) If CAW Complaint & FIR Copy has some contradictions then keep noting these. It will be used in 498A CASE. If CS has some contradictions then note those also.
https://www.498a.org/forum/viewtopic.php?f=41&t=13551
(30) steps to quash FIR u/s 438 CrPC are listed here:-
https://www.498a.org/forum/viewtopic.php?f=47&t=13533&p=88827#p88827
(31) If u want to goto HC & NO time to take CC from lower court then write a line in application(WRIT) to HCI have appled for CC (Copy Attached) & I will produce the Order Copy asap. Also use with RTI's (Result Awaited)

 

Thanks & Regards
,

 

Atur Chatur

Facebook: https://www.facebook.com/atur.chatur

498a Victim cum RTI Activist

Twitter: twitter.com/aturchatur

 

Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email: - aturchatur@yahoo.com



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