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Aravind Kumar Gunda (BOE)     24 September 2017

Very urgent - need advice!

Hi There,

My name is Aravind from Hyderabad.

Please I need advice to the below quesition and if you ask me I will elaborate the story in detail.

Please go through the brief below.

I was in a relation with my ex-girl for more than 3 years between 2009-2012. At that time I was in Australia and she was in India.
We both loved each other and decided to marry as well. My ex-girl and her parents filed three cases against me in different locations saying that I was harassing her for love and marriage and I was threatening her that I will kill her if they do not agree.
My ex-girl also got corrupted by her parents and filed all cases against me. But I have all physical and documentary evidences to prove my innocence that we were in love and decided to marry each other.

Case details are below as follow.
First case: CID case was filed by my ex-girl in Sep 2012 under IPC sections 506,509 and IT Acts 66A, 67, she stated that I abused her, created facebook and matrimony accounts online.


Second case: Filed by my ex-girl's father in Mar 2013 under IPC Sections 506,509 and IT Acts 66A, 67, along with her her whole family members are victims in the complaint and her father is the main complainant. He stated that I visited their house and was trying to attack them and threatened them if they won't give their daughter to me.


Third case. Filed by my ex-girl, it was a Cyber case under section IT Act 66A. She stated in the complaint that I hacked her gmail account and deleted her data. Eventually after full fledge trial the case was acquitted. 


Fourth case: I filed a case on my ex-girl under sections IPC 384,425,506,499 and 500, because she started emailing me after filing three cases against me and was threatening me for dare consequences and at that time she relieved all the facts with me through emails, SMS and phone calls, I collected all these proofs and filed a privated case on her at my town.The case was registered and got CC number and she was summoned. She approached HC for quashing the case, now the case is in stay, I filed stay vacation petition in HC still the matter is pending in HC. I know her stay will be vacated for sure.

In all cases they stated that my ex-girl never loved me and promised me for marriage. 

My question here is for you all. 
In order to defend myself and prove my innocence if I would prove along with all physical and documentary evidences that she took advantage of my psychological illness, made me do the things as per her instructions. This is how I was trapped into multiple cases now. 
Wil the court consider my plea and will be my proofs admissible by the court? this way can I prove my innocence?

If you want me to elaborate the story in detail I will put it in the reply for your better understanding of all the cases. 

Thanking you

Sincerely,
Aravind.



Learning

 16 Replies

Siddharth Srivastava (Advocate)     24 September 2017

Collect all proofs proving that there was no force, you had adopted to forcible marriage and other related other proofs (depending on merit of the case and allegations levelled in complaints). You have rightly proceeded against girl and her parents. Adopted other measures. Consult a lawyer with details and act under his guidance.

Siddharth Srivastava (Advocate)     24 September 2017

Collect all proofs proving that there was no force, you had adopted to forcible marriage and other related other proofs (depending on merit of the case and allegations levelled in complaints). You have rightly proceeded against girl and her parents. Adopted other measures. Consult a lawyer with details and act under his guidance.

Bikram das chiti   24 September 2017

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G.L.N. Prasad (Retired employee.)     25 September 2017

1.Mr. Aravind,

After all this what you wish achieve / expect in a strained relationship for mutual accusations and without understanding with in laws.

You are abroad, you know where the world is going  and on which an young man should  focus.

what they want you is no relationship at all, and hene all these false cases.  Get a mediator, compromise get all cases withdrawn with mutual undersanding by parting with such evidences that may hurt the other.

Lead a peaceful and happy future and make your parents and those who love happy.   All these litiations lead you no where.

Be understanding and think what you can achieve ultimately.  There are other things life that you can enjoy apart from seeking revenge on petty matters.

Search your own conscience , all these things are not made for a career centered young man and not your cup of tea.

1 Like

G.L.N. Prasad (Retired employee.)     25 September 2017

Subject-REGARDING TOWER INSTALLATION. Dear sir/madam l have No coverage of jio So we want to Installation of a 2g, 3g,4g Jio or airtel,idea and Vodafone tower in my area the Viii+ Posts Nilkunthka. district -purba medninpur .state-West Bengal. Pin code- 721627.We have more land in my farm for tower.So Please Provide us a and tower in my area 2000 ft .People are waiting for any network my contact No-9564753330. Email id- bikramdaschiti@gmail.com  

You can meet local marketing staff and personally discuss the issue with that service provider.

.  A forum dedicated for guiding in litigation matters like LCI can not market for your case.

1 Like

manoj   25 September 2017

call me for your query at cell no 8686159292

SHREY DAMBHARE   25 September 2017

You have case in your favour on merits. Court will hear all the evidence. Since, all complaints has been filed in different locations then you should file Transfer Petition in Supreme Court, so that your all complaint should be heared at one place. It will certainly help in your case, such as it will save time, money and avoid confilicitng order of different Courts. As well as since one case is connected to each other then you will get good defence.  

Aravind Kumar Gunda (BOE)     25 September 2017

Hi Prasad sir,

I appreciated for your nice words! I totally got it.

At the beginning I wanted to fight with them legally, eventually I am being motivated by my people and beloved ones and like you I have come to a decision to settle the matter. I mediated my proposal for settlement to my ex-girl's father but he did not agree instead they wanted to continue the cases. I had a thought of sending a settlement proposal to them only once and not going to request them. After hearing about her father's willing to continue the cases I have also decided to proceed. I am also not expecting a relationship further with my ex-girl either.

Even my ex-girl and her parents did not achieve anything so far, now my ex-girl is at 36 age has not married yet. I am going to file another a couple of cases on her and her parents altogether very soon. 

My ex-girl and her parents have an over confidence that law could support them because she is a woman, they are in assumes that women could do anything wrong, crime and so on, so law will support them. I know everybody is treated equally in the law.

 

 

Adv.Balachander Reddy (High Court Advocate IPR Attorney and RTI Activist)     25 September 2017

SEC.66 A of IT has been struck down by Honb'le Supreme Court.

Adv.Balachander Reddy (High Court Advocate IPR Attorney and RTI Activist)     25 September 2017

Regards.. Balachander Reddy Advocate,B.Com,LL.B,LL.M IPRs, HYD,# 9959850723.

Aravind Kumar Gunda (BOE)     25 September 2017

My question here is for you all.  In order to defend myself and prove my innocence if I would prove along with all physical and documentary evidences that she took advantage of my psychological illness, made me do the things as per her instructions. This is how I was trapped into multiple cases now.  Wil the court consider my plea and will be my proofs admissible by the court? this way can I prove my innocence?

G.L.N. Prasad (Retired employee.)     25 September 2017

Mr.Aravind,

You may be aged 40 years around, think with maturity and practicability.

Can any court or any one considered the victims plea that he is innocent and the other party has exploited your innocence and weakness.

What the court wants is documents /statements that is not serving your self interest.

Finally to advise you that Judges' mentality at the time can not be predicted and after they are also human beings and have weakness like me and you.

They are capable of judging a spade not a spade and support their judgments with hundreds of quotes, even though your defendants never raised those issues.

Smartness is different from considerative approach.  Attitudes and perceptions always differ and can never be predicted.

Aravind Kumar Gunda (BOE)     25 September 2017

Prasad sir,

I am not at 40 age. I am 35.

All cases happened in March 2013 and its been close to 5 years now, that time I was at 30 age and my ex-girl was insisting, compelling and forcing me to do what she wants to when I was at 28-29 age. I am the defendant in two cases and complaint in one case. As you said even judges have their weaknesses, the same way I am going to defend what was happened in the story providing all evidences only, I am not going to give explanations verbally in the court.

What I have to do if the other party is not going to come down for settlement? I have my self respect and I am not going to beg them to close the matter. If the other party thinks the way you suggested me so things will be settled down if not it continues. 

 

G.L.N. Prasad (Retired employee.)     26 September 2017

Sorry Aravind as you have informed in post:  now my ex-girl is at 36 age , I assumed your age.

Every one of us have one weakness or other including "sensitive" and there are several peoples to find that weak spot to exploit.

Never admit that you are "pshcyologically ill" in modern times, as a kid of 10 years thinks fast and more practical.

In all criminal cases, the burden of proof that you are guilty rests on complainant.   They can not allege every thing with such apprehensions , as mere apprehensions or fears are not treated as facts.

When they are the complianants they should be worried and at this stage do not aggravate the situation with counters.

You can always record your reconciliation efforts through family counselling centers as it becomes a Public record.

At the most they can extract a statement from you that you will not endanger her life or involve in her personal matters.  May be by contacting your advocate who is expert in matrimonial efforts you can give such undertaking through hiis advice and get out of the present situation and atleast a record can be created.

But at the same time, if tomorrow if the court finds that the allegations are malafide and dismisses the complaint, you can always go for defamation civil case with all your evidences.

But, my only concern is that you have to burn and set fire to yourself  mentally with all these disturbances at the age, when you can focuss and achieve on more important things at the age.  In both ways you may have to ruin yourself with these sparking thoughts all the time failing to concentrate on yourself and parents.

The law  was / is never kind to male in all these cases.  I stop here as enough was lectured without providing a practical solution.


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