Rahul (Plant Executive) 06 April 2014

urgent advice on pergury and defamation

Dear experts, my wife has filed false DV on me and my family members last six months ago. We have filed proper reply too against her DV case. I have to file pergury and defamation cases on her. Is this the correct time to file or i should wait till DV case got over? I want to book her behind the bars for good period of 5-7 years. So that she should not do such with others. Pls.guide.

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8 Replies

Divya (nil) 07 April 2014

IM NOT A LAWYER, however keen to pursue law...

Perjury can go alongside ur present case filed by ur wife.

Defamatn shud ideally happen once u come out clean chit from ur wife's case, rarest circumstances even during d trial of ur existing case - if u r fully strong tht u will win - one can file damages claim or defamatn but thatz extremely rare & needs a smart strategy + a shrewd helpful lawyer too

Rahul (Plant Executive) 07 April 2014

Hi Divya, i have came out with clean hand in cr.pc 125 which she has filed revision application in high court. And after that she has filed DV on me and my family for building pressures for exorting money. I want fight DV too and want to take appropriate actions on her.

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com) 07 April 2014

First fight DV properly than think of counter action.

DV is very draconian and not so easy as 125 so you must fight on technical issues which are many.

Rahul (Plant Executive) 07 April 2014

Sir, can you let me know the technical issues where I can focus very well in order to fight DV properly?

Please guide.

Divya (nil) 08 April 2014

even i hv been a victim of false cases from several sides...

it requires brain & strategy to file counter cases...by the time u prove ur case in court for DV, maybe some good months or 1-2 yrs pass off easily...

but if u r hellbent to teach tht woman / party a tough lesson for filing a false case [here u hv to be sure that party has 100% filed a false case], only then u can start parallel counter cases ....

worst part is u will rarely get advcts who support counter cases....coz thy prefer thew route of settlement with women for matrimonial matters.....since ive gone thru all this, hence i preferred sharing.

harish (manager) 08 April 2014

I absolutely agree on d last point if divya, counter cases plays a v important role in breakin d opposite party, just harrasement nothing else , remember their is nothing bigger than respect , just break that and d ego will follow d same path! And dont wait for so long (will file after winning or so) no one wins in litigation just mere wastage of time and den compromise

LEGAL-CIVIL CRIMINAL (SENIOR ADVUCATE. skjadvt@gmail.com) 05 May 2014

Agree with DIVYA counter cases are possible and effective but it needs shrewd advocate and the person should support him properly.

Expert advice and action is not cheap so people start shouting roof top that the advocate is greedy.

Divya (nil) 05 May 2014

its not just 498A etc sort of cases...

u can file perjury and defamation in any case parallel where u feel the party who has filed a case on u has missed on some points / falsely stated some points or misused some points and legal provisions...

LEGAL ACTIONS nowadays are purely a strategy, if u wait for decisions to come in ur favor - it may simply get delayed or infact get compromised in due course....Not just advocates, courts also do not prefer counter litigation & parallel cases much. However it depends on ur brains, ur will power & support of some advocate who strategizes the actions.