Whether counter cases can be filed in flase 498-a?
Raj
(Querist) 01 December 2013
This query is : Resolved
Sir, In my case my sister in law has implicated our family members under section 498-A/406/323/504 IPC. She filed the false Medical Legal report at her native place which clearly state that no injury was there and when we showed our interest to return her articles she made false Dowry List art her and claiming 30 Lakhs articles without any full proof..she made false alleghations in FIR that we have transferred the car in our name..she made various false allegations in FIR...After granting of regular bail and after few months she file the case of 125 CrPC and claiming 1 lakh monthly maintenence and inserted fresh allegations...Then after period of one year she file the false case of Domestic Violence and claiming many illegatimate demands despite of that she is working and drawing good perks than us...Her desires and claims are unlimited and she has ben filing flase case one after naother..Mnay fratenity has advised us to use presuure tactics and file the counter case on her and her family..If there is provision of filing counter cases during the pendency of matter please advise me or just we have to face the endless litigations for years..Please inform which counter cases can be filed in such circumstances??
Devajyoti Barman
(Expert) 01 December 2013
If there is cause of action, you can file case against her.
V R SHROFF
(Expert) 01 December 2013
Defence is the only and best alternative.
Rajendra K Goyal
(Expert) 01 December 2013
Defend the charges on you. Take the help of some good lawyer.
ajay sethi
(Expert) 01 December 2013
dont file any fresh cases . fight existing case on merits . you will spend more money on legal fees and in running around courts
Raj
(Querist) 01 December 2013
Thanks all of you for valuable comments..Many lawyers guided me because we are not attcaking by the way of counter cases tha's why they are more and more confidentg in levying false cases has and been usiing our defense as shield in harrassing us..
Devajyoti Barman
(Expert) 01 December 2013
Counter case as per experience always yield rich dividends.
Raj
(Querist) 01 December 2013
Sir,..during the pendency of matter whether counter cases can be filed as court cannot hold 2 parallel trails simultaneously
prabhakar singh
(Expert) 01 December 2013
If your sister in law who has slapped false 498a case against you gets you tomorrow in market and starts beating you by her slipper
then what shall you do?
WOULD FILE FIR OR PARDON HER!
once you decide to file FIR law shall get into action of trial if charges are cognizable,hence it is silly to think she would not be tried of offences she commits.
Raj Kumar Makkad
(Expert) 02 December 2013
You must have cause of action to initiate legal action in the same way Mr. Prabhakar has indicated otherwise defend the ongoing case.
