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need urgent lawyer for 498a

Software Engineer

Dear Experts,

 

My elder brother was caught up with false 498a & 3 case. since Dec-2013 this case is keep postphoned to different dates. recently marriage broker said he will be witness for nothing were paid by them without knowing him I had shoot his visuals thru spycam.  Few days back her side one stupid who is supporting to all and high witness for the false case we met him for compromise as on his words only he agreed for making case stronger we had to give such false statements nothing is wrong with that, that too I had captured . in that some video visuals came clearly and few not came but I do have recorded voice.

Well, my question is I just want file a case against of him. Can you please provide valid suggestions from your end. Looking forward kind reply from your positive end with earliest.

Thanks in advance

Vinay

 
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Lawyer at Supreme Court of India

Sir, What kind of case you are planning to file first clarify that .... Regards Kapil Chandna Adv 9899011450

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Software Engineer

Dear Kapil Sir,


Please advice on that concern who is witness for their side and supporting them he is a dentist and Sister-in-law(ashame to use this word) is working in his clinic,
Last week we (my bro n 2 aged ladies) went to her house for intervention. Immediately she called up to that doctor n he reached to the spot. there we calmly asked in which way its good by raising these kind of cases and Section . 3 .  He said as per lawyers words only we had followed otherwise the case won't be strong. Next we had asked her how u lodge a case against of him by saying he is torturing, she replied he dont have any habits but as per the case strongness we ought to say like that, 
And he said she is not willing to come with you what our lawyer suggested is settle down 10lakhs we will withdraw, but we didn't agreed since prior to lodged this case mom got paralized and we spent nearly 15lacs to recover her though she last her speech and right side hand/leg s not functioning, still she in bed like a kid. We are already in trouble, so dont have much money, then he came down to 6 lakhs... Finally they were agreed to settle for 5 lakhs. 3 days back he called to the lady who came for intervention and demanded to pay if so, case s coming to hearing on 6th of this month we will withdraw otherwise we never.

my question is without any reason why he is involving into my matters afterall for a helper who is working in his clinic, whenever they called he immediately appearing. We heard that both are having illegal connections.


Every conversation I had recorded thru the spycam. Now please advice me is any chance to file a case against of him..

Waiting for your reply Thanks for your answer & help

 
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Intern

Mr Vinay, It is not advisable to file a case against this person at such critical stage when your cases are on the verge of a compromise. 


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Software Engineer

Dear Singh,


Thank you for your quick reply, in this scenario, do we need to settle down what they are asking?

 
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Intern

Mr Vinay, that decision is purely upto you and your family. I would not like to comment on the quantum without knowing the case, financial standing, society of both the parties.

But apart from quantum, I suggest to settle the matter and move ahead in life. Don't get drawn into unnecessary battles, choose your battles wisely- you are low on resources.


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advocate

mr vinay what your lawyer said about the action to be taken against that witness is the prime point because he is the correct person at what time to judge and what time to take action who had seen your case from starting 

we can give you a suggestion that first let them withdraw the case but the amount you settled is even more being innocent you have to shell 5 lakhs for nothing and also you have to see your mother health which is important.  may be the witness is also getting some share in the amount 

let them withdraw the case and if you want then settle the issue and what is further action thus her wife will come back or what have you thought about that 


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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

                  498A

 

There are no provisions in law through which engagement of advocate is compulsory. Person may file or defend any case personally without engaging advocate. You may plead case of your relative in court after securing power of attorney from your relative subject to permission of council of Section 32 of Advocate Act.


Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

http://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

http://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

http://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1


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Software Engineer

Dear Mr. Mahesh

Thanks for your reply. As we are already in financial trouble, how can we pay again 5 lakhs to settle them. Since we do have video of Marriage broker says nothing was paid by them and from her side also she said for making case stronger we have to file such sort of complaint everything has been recorded, Wel, what about these proof. why this dentist is unnecessarily entering into our family matters, the day one onwards we had been cheated, initially she said she did 10th standard but she not even completed 7th also. and age they were hidden, n next after couple of months when we rushed to doctor for her medical checkup- they said it seems to be she already aborted so there is no chance of pregnancy, it clearly says she have illegal relation with some one(we gues doctor) if we paid also she damn sure she is ready to cheat other guy in the same way, she has to be present and handle entire family as a part of eldest sister in law and lead like a next to mom but she was nicely escaped from duties since 17months.

well, do we do have lots of respect on govt. and law if we have al and suffered my old aged parents (dad is about 82 years and mom is in bed) though they didn't leave them but still law is giving full support to the ladies only even though they know most of them are filing false cases, its hurting me a lot and frankly saying I started hating this entire law and don't have faith on this at all!! how a normal person will live? Hope you will understood my feelings and sorrow. 

Best

Vinay

 
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Instructor @ Calcutta (rockysmith4calcutta@gmail.com)

Electronic evidences (Spycam) is also valid evidence as per sec. 3 of Indian evidence act.

 

Please also convince that broker to give witness also in your favor during the trial.

 

You can file counter FIR / private complain against her.


Please apply for speedy trial in HC on priority.

 

Please remember burden to prove her allegation lies on her, not on you. So be bold to chase it.

498A is a non-compoundable offence hence she can't withdraw it, Hence go for speedy trial immediately.


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