A well said strategy to fight false 498a,DV and maintenanace cases

These leachers know only 498a and dva...

Agar inka bas chale toh affidavit ke liye bhi 498a file karva de

(1) Is telling that you are jobless going to work in the court? I read in the past that courts say husband should beg/borrow/steal but has to maintain wife?

(2) Any precedences on this? What are HCs and SC saying when husband lost the job?

(3) How does the husband prove that he lost job and did not resign deliberately when esp these days the companies do not fire but orally ask the employee to leave (in s/w companies at least)

(4) What if maintenance has been granted and then husband lost job? What if he is unable to pay maintenance but has immovable assets?
 

Thanks Bro for sharing info

@Dv fighter,

Thanks buddy..

@amit,

There are very limited judgements which says that if you have lost the job then no need to pay maininenance and among these judgements justice dhingras delhi HC judgement is crucial.

But majority of time judges grant maintenance according to the situations which are prevailing like if you have a solid reason of no job then you can fit your arguement but judges go for granting maintenance A/T minimum wages act.

If you have stringent reason of non employment then do keep before court and also argue on her qualification as well as capability to earn, In this case you wont be allowed high maintenance.

Immovable properties are considered only when you are getting monthly or annual financial benefits from that properties that means rent or any business transactions. In that case you have to pay according to your earning from such properties, If not then no attachment of properties in maintenance.

Mr. Every Sufferer is a Saviour...

Good Post.

Along with him, Please follow my instructions also in the following link: -

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U4nYjXbYVdg

@Satyaprakash jii,

Thanks for your kinid appreciation.

You too had given a wonderful piece of Information to poor victims of false 498a.

Carry on.....

                                                        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 32 of Advocate Act.

Dear ESIS and other fighters Plz enlighten me on the following issue:

A1 and A2 been accused in the false 498a of dowry harassment case. There is no iota of evidence against both of them. But, then also the sdjm has taken cognizance of the case u/s 498a and dpa u/s 3.A2 got Ab from session court whereas A1 had applied Ab before HC.Due to summer vaccation in the previous month the benches were not regular hence the listing of daily cause list had gone above 1500. Meanwhile, the lower court had issued NBW against A1.Now, the scenario is that what to do in this absurd condition.How to get stay on NBW?How to win this false 498a?Due to this false trap game A1 is on the verge of loosing his job and reputation. His family been traumatized and he cant concentrate on the betterment of his career.The scene is that A1 is not ready to live with her anymore due to continuos harassment by inlaws and his wife.No conjugal life would establish between them but then also she is not ready for mcd.In this vernacular situation what to do to avoid arrest?Plz guide and show the right path.Thanking you in anticipation. 

Mr, 498aindian ,

I extreemly sorry for late reply. If your case is above 1500 of daily cause list of High Court then you (or the person/relative/lawyer who has appeared for you) have to mention it before the judge during the first hours of the court. Then the judge will give a fixed date for hearing of your case.

@498aindian

Tell your lawyer to file mention slip citing the reason of urgency like you are a bonafide customer but lower court had issued nbw without any enquiry and in the knowledge of the petitioner to attend any prescribed date by magistrate and now police is harrasing you.

Judge will either acept your request or tell you to wait till your chance doesnt come. Meanwhile just go for underground for 1 or 2 more months till your date doesnt come.

Manage the indian govt. Dogs I.e bardi wale kutte with green notes till your hearing doesnt come.

Another option 

GO for quash u/482crpc If the bench of quashing is not overloaded, in this procedure also you will get stay if your case comes early as compare to your AB.

best of luck..

ESIS

Dear ESIS and rocky, plz help me out, my lawyer tells me that judge is not entertaining any mentioning. I dont knw wht he is telling, I think he must be telling lie.

My question is Do I surrender before lower court in false 498a or still wait for final hearing of Ab at highcourt?  My daily list of Ab is moving very slowly daily 5-10 is decreasing. Now it is around 1250, by seeing this speed one can guess that his final hearing will come after 3-4 months.Nbw is issued and opponents are pressurizing for p.o as next date gone for 18 aug at lower court. Iam in dilemna as what to do? Plz suggest me and guide me.Police are harassing my family. They are searching me inspite of my Ab filled before highcourt. 

Mr.498aindian,

What went wrong with you why you want to surrender? There is no need to get panic. You are not one who is facing such cases. Our great India have great numbers of false 498a fighters. Sometimes I think that our false 498a fighters may exceede the fighters who are at Loc or at Lac . 

Its not the matter of marital fight but the matter of how much patience you have. So, just hold your nerves, be cool and emotionless. Let your hearings come at whatever time it needs. Just keep watch on your list. Talk to another lawyer of your city what he may have to say in your case if you don't have trust on your current lawyer.

Always remember patience praises In difficulties. Not loose your hope, you are not a criminal or some thugs , you will get your Ab at Hc. If not then think about any surrender which is not a matter of current situation. Better avoid arrest and go for any excursion tour to enjoy your forced vaccation made by the tickets of Nbw till you won't get Ab from Hc.

Good luck))

ESIS

Hello ESIS

MY hats off to you for such a noble act. I think this is what is true worship...to serve humanity by whatever means you can..you are serving the mankind with your wisdom & I am sure you have peace and satisfaction from it which is it's reward.

My parents & I are the victims of this shrewd & biased law. My case is ongoing but since beginning I had made up my mind to fight for the right. I will keep following this and posting whenever I can. For now I just wanted everyone who is a victim of false 498A to remember:

1. Fight, you are a man...you must fight for the right

2. Be patient..enjoy life cause time is fleeting & let her see that this incident has made you even stronger & wiser

3. Inspite of how difficult & shameful it may seem, the victory will always be yours if you are right..so just fight & keep fighting my brothers.

Good Luck to all.

@Ronny,

Thanks for your kind appreciation.

Yes. I do feel peace and satisfaction in serving the mankind without any greed.

There is no worship bigger than serving humanity, at the end of the life only our deeds are counted and remains intact after our non-presence.

To all Freedom Fighters of Biased laws, My only words to you are:

"A land of trouble is better than sink of dignity". So fight for your freedom until or unless your breath doesn't ask freedom from your body.

ESIS

-----------------------