Fight against misuse of 498a ipc.

my wife lodged 498 / A against me and my parents on 11/04/2010 , Now when the court is sending the saman to that girl and her father for the crossing they changed their address and saman returned 2 times , now my question is can she changed her resident without informing the court ? she is not staying in old address as per court record . please suggest me

Mr. Khan,

Yes she can, In this case you have to prey of NB warrant against her. If still nothing happens then file Writ Petition (Article 226) against the STATE in-person. Sample Writ Petition is given bellow.

Civil Writ Sample Petition(Updated)

Please see the attached 3 files.

Mr. 498A fighter,

Your guess is some-what right in JM and District Courts only. But it is not right in High Court and Supreme Court. But that does not affect in judgement since nobody is beyond the law. One of my friend fought his case in-person for speedy trial and he got the order as follow: -

"The trial court is directed to dispose of the pending criminal case positively within 9 months from the date of communication of the order.Before parting with the record, I like to mention the observation of the Hon’ble Apex Court in the case of Sushil Kumar Sharma Vs. Union of India & Ors (supra) that sometimes the benevolence provisions of 498A are being misused by
some unscrupulous persons. But that cannot be a ground to pre-judge the issues
in the present matter particularly when the trial has reached the stage of
evidence. It goes without saying that the ld. trial court has the authority to take
necessary action against the defacto complainant if it is found that she has
lodged a false case."

Not stating the case no. for security reason.

Mr. Kaatu Poochi,

340 CrPC covers the punishment that is only written in 195 of CrPC. For your case it is punishable u/s 193 of IPC (7 years imprisonment). Please download CrPC Book from the attached file and read.

Book of Criminal Procedure Code.

Book from the attached file and read.

Please download CrPC Book from the attached file

If any body face the problem that "Mr. 498A fighter" said above then they can complain it to the chief justice of that court and transfer the case to another suitable court by making a petition U/S 24 CPC (Civil Procedure Code)

Sec. 24 CPC - General power of transfer and withdrawal.

@Shatyaprakash Bani

Today I consult advocate in my Judicial place(my location) to file perjury. My advocate asked me citation of file my location. 

Thanks Mr. Kaatu Poochi for sharing your knoledge,

It was not known to me. Please file immediately.

And what about Speedy Trial ?

Important perjury citations

https://misuse498adva.blogspot.in/2014/03/important-perjury-citations.html

Sample Petition of WS / WO.

a) Please affix Rs 10/- as court fee on the head of the petition.

b) Please affix Rs 1/- on the head of the AFFIDAVIT of the petition.

c) Please make notarization of your petition and take two xerox copy of it before give it to the judge.

d) One xerox is for your brief and other should be served as a copy to the opponent lawyer in front of the judge and request that judge to record that the copy has been served to the opponent.

Good Luck!

in my case SHO was punished by SP after investigation done by ADitional SP when i demanded document under RTI act " in which it is given that
" in my case SKO did not follow the rules of CRPC, and she is punished by the punishment  by taking action of lampoon/ VITUPERATIVE/PEJORATIVE [ nindatmak karyawahi] in CHARACTER REPORT OR CR report"

we are using this for dismissing of our 498A case by government and gave many application to various officials but it is said that 498A case cant not be taken back by govenment if the case is of murder then it can be... but 498A is of different kind

anyway now 498A is on evidence stage wife party called for their evidence

but i want to know can i file perjury against SHO

my advocates says wait not now...?

1. they will get alert so our cross may get weak and they will come by prepration.

2. normally lower court fear from police so they may did not admit our case or it may be dismiss...

3. it crate bad impression and may affect other cases.

Mr. 498A Fighter, You have done a great fight. Thanks!

Perjury can be filed any time and multiple time against false and fabricated evidence.

Hello Friends,

Mr. Amit have written a very good article on the link bellow. Please see.

We can convert the same petition to Civil Writ (Article 226) and appear in High Court. The Sample format is given as an attachment

https://www.lawyersclubindia.com/forum/Speedy-trial-21-b-research-56620.asp#.U8E6vUCm9dg

thus, at all when husband proof that wife & her parents are filing wroung charges on him. Then what are the cases are charged or file on them. How can i prove them. Also what are the result of that mean how can the wife & laws are got punishment of filing false cases by wich i got so much harresment also the mental, financial, samajik nuksan