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Fighterr 26 (GOVT.)     23 December 2015

Won the game of 498a/323

After a long 5 years battle Today we all three, parents and me, are acquited from all the charges. Seniors plz suggest me about the counter cases both civil and criminal so that I can teach her a lesson. I am till giving her monthly alimony. Actually my privious lawyer cheated with me. He did not raised the main point and even did not execute the documents which I submitted in the court which clearly proves that the girl is telling 100% lie as a result the judge order alimony.

Seniors plz suggest me about the counter cases.. and when should I file it.



 18 Replies

rajendra (na)     24 December 2015

 

you can file civil defamation not criminal......Also i would request you to wait till they go for appeal(30days to senior civil court)...

Good Luck

SAINATH DEVALLA (LEGAL CONSULTANT)     24 December 2015

At the outset congrats for proving her allegations false.U have to wait till he appeal chance of 30 days elapses in sessions court and 90 days in the High Court.

Fighterr 26 (GOVT.)     02 January 2016

form which date this 30/90 days counted ? from the date of judgement or from the date she got the certified copy of the judgement?

 

498A fighter (tutor)     03 January 2016

start preparation to file counter cases the list is as :click

https://www.498a.org/contents/general/Counter%20Charge%20498a.pdf

https://bok498a.blogspot.com/2008/07/counter-cases-during-and-after-case.html for details on counter cases.

https://mensrights123.blogspot.in/2012/02/counter-cases-on-women-for-misusing.html

 

 

1 Like

498A fighter (tutor)     03 January 2016

the best one is :

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

2 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 January 2016

You should file Writ Petition against the STATE also for malicious prosecution, Charge sheet without proper investigation, prolonged prosecution depriving your personal liberty and other constitutional rights and prey for cost and FIR against wrong doers.

 

 

Please see my profile links for sample petitions and other clues.   

498A fighter (tutor)     05 January 2016

the nice reply but writ under which section?

HC may sent  back to lower court to first end the case?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 January 2016

Please download THE CONSTITUTION OF INDIA in PDF file format from Google.

 

Please file Writ Petition under Article 226 [writs in the nature of habeas

corpus, mandamus, prohibition, quo warranto and certiorari,

or any of them, for the enforcement of any of the rights

conferred by Part III and for any other purpose.] against the STATE read with applicable articles as bellow.

 

FUNDAMENTAL RIGHTS

 

Right to Freedom under -

 

Article 14, 15, 19 and 21.

 


DIRECTIVE PRINCIPLES OF STATE POLICY

Article 39A. Equal justice and free legal aid. (May/May-not applicable)

 

Please read you case again and again and these articles again and again. Please find out how your constitutional rights are violated/deprived and inconsequence damaged occurred in your and your family’s life (Socially, Mentally, Physically and Economically) by the STATE for these malicious prosecution.

 

Please prey for –

 

a) Cost

 

b) FIR against all wrong doers including IO & your wife and their family, false witnesses (Whoever is applicable based on your case)

 

c) Speedy Trial on these FIRs.

 

Please see my profile links for sample petitions and other clues.   

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 January 2016

Please file this after acquittal only. 

 

You will have strong ground of the said Writ Petition if you can prove the 498A plaintiff itself is false by winning your perjury case

 

Please see my profile links for sample petitions and other clues.   

1 Like

Fighterr 26 (GOVT.)     14 January 2016

rocky sir should I wait for 90 days till her appeal chance elapses? or should I file the writ now? accquital order passed on 23 Dec 15.

I am also preparing to file perjury case by me. one another case of 120B/203/211/500 IPC by my father and one civil suit for damage/compensation by my mother.

(1) Is it possible to file these cases?

(2) Can my father file the above mention case in JM court or he has to file these cases in trial court only?

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 January 2016

I think you should wait 90 days and meanwhile draft your case.

You and your father should file these cases in the same court where you got acquittal. 

Vicky (Engg)     14 January 2016

Why we need to file in the same court Smith?

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 January 2016

Perjury should be filed in the same court. Rest of the cases can be filed in other courts.

Rakesh Agr (fighter)     30 January 2016

@RockySmith : Can't we use article 226/14/15/16/19 clubbled with artcile 39(F) in child custody against an abusive mother who indulges in parental alienation and forcefully restrains kids to speak with father. Along with this the father wants to use section 39 of GWA act and pray for removal of mother as guardian and make him the gaurdian.

Any tried and applied clue or lead in that regard. Please provide your valuable suggestions

Section 39(F) reads as "that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment"

 


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