Post 498a Acquittal U/s211
Querist :
Anonymous
(Querist) 27 December 2009
This query is : Resolved
I have filed Charges u/s211 after about 1.5yr of getting acquittal in 498a false case files by my ex-wife, in the same MM. I have completed Verification process by Judge last month. Next month there is argument process with my lawyer by judge to admit and give CC no. to this case. Please tell me, are there any case history of similar 211 filed by husband after getting acquittal in 498a cases. If yes, please guide me to search the same.. and what are chances of my ex- getting jail for 2 years as per section 211 with fine. I was coming all the way from dubai for 3 years to fight 498a while looking after 2 minor children, and my ex- had demnaded 2CRORE in the court for withdrawing 498a during trial session, and I opted to fight instead as I knew that I will win. Now she is demanding 25L in family court as law favor for her maintenance even though she is adultrous, and she filed for custody of children but only for name sake, bu not interested in children.
Your expert opinion will give me morale boost to figt these prevailing social menance that are spoiling lives of innocent men. Please Guide to put her behind bar, and set example to other suffering brother to rise and fight...these modern day Surpankhas! SIFF member!
bhupender sharma
(Expert) 27 December 2009
ua are advised to press ur 211 IPC complaint and made a ground in the w. s filed by u as she is adulterous and fcing a complaint under sectiton 211 of the IPC before the court and more so it is upto u to prove that she is adulterous and leaving in adultry also file a complaint under section 494 of the IPC.
Querist :
Anonymous
(Querist) 27 December 2009
Thanks Sharmaji for your feedback. My dau. has given evidence in family court as sole eye witness to her adultruous life style, plus I have submitted voice recording of her mobile talks with her indian muslim paramour in dubai, and notes written by herself in her own handwritting about her insatiable sexual desires and how she came in contact with her present paramopur of dubai who happened to by my best friend. My younger br. with whom she had forced to have sex after my marriage (and when I was jobless for almost 1 year) has also testified in court in her presence abt these consentual sexual encounters details and threats to him to satisfy her sexual desires etc. in her presence. In fact, I came to know that she is hardcore Nymphomaniac with multiple partners, she had abortion before my marriage with her. she happens to be distantly related through her father, but they kept secret of all her wrongdoings during my marriage, she is also BDS, her maternal uncle in USA is multi-millinaire who had also threatened me with dire consequense if i spell about her illicit relations, and was hand-in-glove in framing false 498a against me then. Well, in family court, she attacked my dau. whom i had brought from dubai for deposing against her, seems lady judge has done some kinda of setting with my ex- as judge dragged delaying witness of my dau. for more than 6 months and only when my lawyer put up stiff resistance, Judge allowed my dau. to depose. After my ex- attacked my dau. verbally and physically in court premises, i filed NC in Bandra PS, and now I have filed 211.., but summon yet not issued by Criminal Court pending argument to take place etc. due next month. I will persue 211 rigorously now! Please continue to give further guidance... I am still looking for similar 211 case history, if any!! SAIRAM!
Ajay Bansal
(Expert) 28 December 2009
Complaint u/s 211 IPC can be filed only under provisions of 340,not directly.Beside this it should have been held in 498-A case that case was false,only then proceedings of 211 I.P.C could be succeeded.
Querist :
Anonymous
(Querist) 29 December 2009
Yes Ajayji. Thanks for your feedback. My lawyer has filed the case under 340, r/w195 (sub-sections etc.) for IPC-211. This complaint is to seek justice for filing false case of 498a that has already ben concluded in my case, and I have been acquitted of it. My ex-wife has clearly stated during examination-in-chief that I had not demanded any dowry, and yet dowry law was used, that is clear indication of blanted mis-use of this Ill-Famous law 100% in favor of wife. My application has been verified by the judge, a/w evidence and order on acquittal of 498a, FIR etc. Now Judge has to issue summons to my wife only after the final argument with my lawyer due next month. I am looking for similar cases where order has been passed, and what will be outcome of my war against in-justice done to me amd my minor children. Please guide so as to prepare myself next month, as I have to travel from Dubai.. i do not want my lawyer to take me for ride, should he join hands with other party, u know, nowadays even judges are corrupt!!! Thanks and Sairam!
