Best way to fight against false 498a

Hi, Regarding the last suggestion "Please be handsome, smart, good looking and look for a good unmarried girl and start leave-in relationship until you get divorce. " Could you please guide as what precaution needs to be taken until divorce case is going on and if we get suitable girl who is aware of situation and ready for live in relationship? Please give legal advice for this.

Hi All,

I had obtained speedy trial in my case from MP HC and the case was directed to be finished within 8 months in March 2012. But the opposite lawyer created hurdles in the speedy trial of the case in the JMFC Court by putting up applications. Finally my case was disposed off in Feb-2014 falsely convicting me under 498-a. I was acquitted upon Criminal Appeal in Sessions Court finally in May-2014.

Can't help it, this is Indian Judicial system...the less said about it the better. Hope the new Govt. takes some strong steps to lower the burden of false cases/misuse of 498-a by unscrupulous women, especially wives of NRI husbands.

Regards,

Mr. Virat.legal,

 

Please note that live-in relationship is legal if and only if the girl with whom your doing it is unmarried.

 

Avoid any divorced / married girl and look for any good unmarried girl.

Please remember divorced girl might have 498A background.

 

Please don't make any evidence of second marriage like -

a) Second marriage certificate.

b) Any evidence that proves that the second marriage has been done by the Hindu religious rites (e.g. invitation cards, marriage photo, any eye-withness etc.)

 

After that, keeping your girl friend in your motor bike, drive in front of her  :-)

She will understand what she have lost  ;-) Cheers!

 

If child born in this relationship then also no problem. Enjoy your new life.

Thanks Mr. Bani, your inputs are really helpful. This gives a hope for better life ahead...

Mr. Ajay Sharma,

 

Really very bad happened with you. This cases both your and her lawyer makes hand to hand and that is the reason these problems comes.

 

Now your are acquitted so you can file Civil Writ against the STATE and her for false allegation and prey for cost. Also you can make FIR against her.

 

"the less said about it the better" - I absolutely don't agree with it. We have to raised our voice and take help of HC and SC then only 498A will go out. We should not close our eyes.

 

The problems are in root level, JM and Session Courts.

We have to go to HC and SC to get the proper judgements (By avoiding lawyers of HC and SC).

Mr. Atur Chatur,

 

Please see the Sec. 8 clause (h) of RTI Act 2005 -

 

Information  which would impede the process of investigation or apprehension or prosecution of offenders.

 

By this ground they can not give you answer of your RTI since police did not file any final charge sheet yet for you.

 

So it is advisable that you should wait until the police file the final charge sheet and then file RTI. If that time also the police don't give your answer then file 1st appeal as per RTI act. If you still don't get answer within 30 days then file Civil Writ in the HC.

 

This is also advisable that the same set of questions you can ask to the procecution to give answer as per Indian Evidence Act 1872 by filing petition U/S 91 of CrPC in the same court where the 498A is going on.

RTI Sample Application

 

Please see the attached file for the RTI application.

@Bani, Thanks, My 5-6 First Appeals Responses are also lying with me. So I am NOT going for CIC (IInd Appeal) -

(1) ARE YOU SURE I CAN DIRECTLY GO TO HC AFTER FIRST APPEAL INSTEAD OF TO CIC FIRST.

(2) Can I go to HC Writ immediately after RTI Reply i.e., even before first appeal.

(3) Do we call it COMPLAINT U/S 18(1) Pls Correct me section-wise.

(4) Is this Writ called CIVIL WRIT named WRIT MANDAMUS u/a 226. Correct me ?

(5) @ Bani regarding Ajay Sharma:- Why we need to do the case after they played delay tactics ? What we can do if we demanded speedy trial & opp gang starts playing delay tactics ? Can't we do anything when they start to delay the proceedings so any BAND-AID FORMULA which can be applied immediately instead of waiting for scar to get bigger & apply BETADINE.

 

 

Thanks & Regards
,

 

Atur Chatur

Facebook: https://www.facebook.com/atur.chatur

498a Victim cum RTI Activist

Twitter: twitter.com/aturchatur

 

Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email: - aturchatur@yahoo.com

Dear Atur,

Even after obtaining speedy trial in my favour on genuine grounds that complainant was resorting to delay tactics and avoiding appearance in the court for her statements and that the JMFC court recognized that it was hard pressed by the time limit as laid down by the HC in speedy trial, the opposite lawyer put up application under section 311 to include fictitious witnesses just before the dead line given by HC.

The JMFC court dismissed her application on 311, but then she approached HC with 482 against her 311 dismissal and obtained stay on judgement on 498-a (as HC could not stay the trial - speedy trial already ordered before in 2012). Still it took me another 15 months to have her 311 dismissed from HC wherein again they delayed by resorting to dirty tactics.

regards

(1) ARE YOU SURE I CAN DIRECTLY GO TO HC AFTER FIRST APPEAL INSTEAD OF TO CIC FIRST.

yes, whenever your fundamental rights violates, you can file civil writ and prey for proper directions and cost.

(2) Can I go to HC Writ immediately after RTI Reply i.e., even before first appeal.

After first appeal or second appeal we can go to HC.

(3) Do we call it COMPLAINT U/S 18(1) Pls Correct me section-wise.

We can go to all RTI acts and therein as my sample petition.

(4) Is this Writ called CIVIL WRIT named WRIT MANDAMUS u/a 226. Correct me ?

Writ in the nature of Mandamus and/or Writ of Certiorari and/or Writ of Prohibition and /or any Other Writ or Writ, Order or Orders, Direction or Directions- - - - - - -As my sample petition.

(5) @ Bani regarding Ajay Sharma:- Why we need to do the case after they played delay tactics ? What we can do if we demanded speedy trial & opp gang starts playing delay tactics ? Can't we do anything when they start to delay the proceedings so any BAND-AID FORMULA which can be applied immediately instead of waiting for scar to get bigger & apply BETADINE.

Whenever time is over as per time-frame we should immediately go to High Court and file both Speedy Trial and Civil Writ for proper direction and cost since the trial court is in contempt. Second time the HC will give such type of order that the trial court have to obey it.

 

Please remember speedy trial is mandatory else the 498A will go life long, even after your life also.

Perjury Sample Petition.

 

Please find the attached file for the sample perjury petition.

Hello Friends,

 

There are two way to fight against 125/DVA - legally and illegally.

 

Legally: - File perjury against the false complaint and make speedy trial of it. If required appeal in HC with 341 of CrPC and prove her allegation is false. Also dispose of your 498A ASAP. This process resolves the problem completely.

 

Illegally: - Make all of your property on your parents name.  Please abscond for some time. Stay out side for some time from your jurisdiction and stop giving maintenance. If the judge issues warrant and police comes then they can't find you since your are outside of your jurisdiction. This is a quashi-ciminal case so police don't do any thing much. If your wife does not provide any information about you (for unawareness) to the police then they don't do any thing at all. So close any bank accounts which your wife knows. After some time once things will be cool down then return.

Out of this I prefer Perjury and Speedy Trial of 498A. Please make perjury also expeditiously dispose of.

 

Note: - Perjury, Speedy Trial and Civil Writ petitions are attached in this thread in my above posts.

Speedy trial is a right and it applies to all types of cases

Criminal Writ (Article 227) Sample Petition.

 

Please find attach 2 files for the Criminal Writ sample petition.

Dear friends, If you have any query then please let me know. Thanks!

Out of my post, I think, SPEEDY TRIAL petition is most simple and easyer to win since it is your right as per Articles 21 &14.

Please start with your in-person lawyer career with at least that.

 

Good Luck!