Want to explore what cases can be filed while 498a & dv is still on?
Narendra
(Querist) 18 March 2016
This query is : Resolved
Dear Lawyers,
After FALSE 498a and Domestic Violence cases is filed by the woman and subsequently only 1 hearing done in last 19 months We have lost confidence in JUDICIAL SYSTEM.
I fail to understand why LAWYERS are hell bent upon suggesting these DRACONIAN LAWS to TREACHEROUS and EVIL WOMEN when they clearly know that these laws are biased
and are once sided and are ANTI MEN. WHY DO YOU WANT TO WORK AGAINST YOUR OWN RACE i.e. MEN just for few thousand rupees?
WHY DO LAWYERS act against their OWN RACE i.e. MEN when they know it is MEN who are suffering under these draconian laws!
Least the Lawyer could do is to not suggest these UNCONSTITUTIONAL LAWS to bad woman.
Just earn few thousand rupee and you turn a MAN's life to PERIL that too suggesting laws to WOMAN who most of you clearly know that she is extortionist and is filing a false case!!
Okay lets now come to main point:
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Since Judiciary is so slow and we were waiting for outcome of DV case so that we could go ahead and file DEFAMATION and other sections as researched by us.
My QUERY is that can we go ahead and file following section while the 498a & DV is still on?
We have done following research and can provide documentary proof under following section:--->>
IPC 499– Defamation
IPC 211 and 511 (Both)
211:- is applicable (when a false 498a case is going on i.e. UNDER TRIAL)
IPC 177– Furnishing false information (to any public servant)
IPC 181/182– False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC 191/192– Giving false evidence (offence of giving false evidence)
IPC 199– False statement made in declaration which is by law receivable as evidence.
IPC 200– Using as true such declaration knowing it to be false.
IPC 361– Kidnapping from lawful guardianship.
IPC Section 120A Criminal Conspiracy:
I live in mumbai while the case is filed in PUNE by my Brother's wife who implicated us all to grab the property etc after her affair was caught red handed with pictures. Her maintenance is already denied by DV court as of now.
We want to file these cases (Myself, & my parents) from Mumbai so that she gets taste of what it means to bring us to Pune with false cases.
* At least we are filing a genuine case.
ALSO YOU MUST UNDERSTAND THAT YOU ARE GOING TO DEAL WITH A VERY KNOWLEDGEABLE PERSON HERE who like to work along with lawyer to fight their cases.
Although I am not a LAWYER but I have a sharp mind and can help the LAWYER INVOLVED in all steps as needed and MOST OF OUR GROUND STUDY IS DOCUMENTED AND IS VERY TIGHTLY described along with all proofs.
So those who think can talk to me in PERSON to get this going can respond to me on this query asap.
ALSO I WILL NOT PAY CONSULTATION CHARGE till we decide to hire you to go ahead and file cases after all the commercials are negotiated.
Thanks
Sudhir Kumar, Advocate
(Expert) 19 March 2016
querist said
"ALSO YOU MUST UNDERSTAND THAT YOU ARE GOING TO DEAL WITH A VERY KNOWLEDGEABLE PERSON HERE who like to work along with lawyer to fight their cases.
Although I am not a LAWYER but I have a sharp mind and can help the LAWYER INVOLVED in all steps as needed and MOST OF OUR GROUND STUDY IS DOCUMENTED AND IS VERY TIGHTLY described along with all proofs."
This forum is mean to for those persons who need some help while in trouble. This is not a forum for knowledgeable persons who come here to test knowledge of the experts.
Narendra
(Querist) 19 March 2016
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Credibility Crisis in Indian Justice System...
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Reference URL: http://tamohara.blogspot.in/2016/03/credibility-crisis-in-indian-justice.html?spref=fb
THE EXTRACT FROM ABOVE URL:
Reason, incapable and inefficient judges are promoted up due to nepotism. Majority of Judges and Lawyers have failed the system. The Judges don't want to be held accountable. They resist audio-video recordings of the court sessions and changes in the way, vacancies are filled up. We need efficient, fair and capable Judges. Why can't we have a Judicial service like we have for IAS, IPS.
We have a judicial pendency wherein 65 thousand cases are pending in Supreme Court, 45 lakh cases are pending in High courts and 3 crore cases are pending in the lower courts. These figures are as of 2014.
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My Point:
Considering above facts as per URL referenced I am just trying to make sure that I get lawyer who is not arrogant and at least know the way around the failed judiciary system. I have met several lawyers (including a retired judge) in past who could not even draft a decent affidavit or replies.
I am just trying to be alert here and not fall into trap of filing a case which does not end for several years.
Also, I am only trying to convey that the lawyer will get all help from us in drafting the affidavits and replies at every stage of interaction.
We just need a lawyer who know the system and can think out of the box to break the honky ponky system and slow and snail paced judiciary.
Most of ground work study is already there in documented form along with all the proofs for each of replies.
You just need to use your skill to get around the unfair justice system and MAKE SURE that we get justice on time.
Please respond to my query and also your availability to consult if you are from Mumbai and are willing to take a GENUINE case and get us justice from a TREACHEROUS WOMAN who has only brought agony and shame to us.
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P. Venu
(Expert) 19 March 2016
Yes, the crisis you are facing requires an action, but not a reaction. The suggestions in your query amounts to a reaction, if not an overreaction.
Rajendra K Goyal
(Expert) 19 March 2016
We have to bear till the system is changed.
We have to abide by and move as per law, what ever exist. law may be favoring anybody or not. We have to live with its evils even till these are changed.
You may initiate for the change, best of luck.
Narendra
(Querist) 19 March 2016
IF you noticed my first few lines talk truth and are probably provocative and admonish the present judicial system.
My second Paragraph onward I start explaining the real problem to you lawyers.
So now those of you who have a shallow ego, will get infuriated with my first few lines and will ignore my real problem that was explained later and respond selectively only to satisfy their personal ego.
I want lawyers who can accept the reality that I present in first few lines and then look at the real problem I am explaining below and respond to that. That is where I can know whether you are a real lawyer or just an egoistic person who think that "JUST BECAUSE THEY are lawyer" they have a right to be arrogant.
This is my way of filtering lawyers that I do not want to interact with. So those who can see beyond my first few lines and understand the problem the person is facing can respond to MY ACTUAL QUERY that has NOT BEEN ANSWERED YET.
Actual Query
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Initially during Interim Maint hearings in DV case we got dates every 15 dates. The Maintenance was denied to the WOMAN as per documentary proofs we submitted.
Later actual DV case started and Judge was changed. Now this Judge just gives date every 45 days only and all we have got is only one HEARING in last 19 months which is at cross question level to applicant.
I just wanted to know if we can go ahead with sections explained above or shall we wait for D.V outcome which may take another 1 years.
Thanks
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Narendra
(Querist) 20 March 2016
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Considering that on an average around 90% cases filed by WOMEN are false you lawyer have an important role to play in TURMOIL of ALL MEN wrongly prosecuted but are somehow surviving the SINISTER onslaught in the form LEGAL TERRORISM. The term legal terrorism because all women laws are one sided and gender biased and applicable to men only which is a human rights violation in first place.
What I don't understand is that you lawyers are quick to SUGGEST WOMEN these (ANTI MEN, Human rights violation, and unconstitutional laws) LAWS AGAINST MEN many time knowing fully well that these are used ONLY TO EXTORT MEN and woman in question is filing a false case, BUT WHEN A MEN comes to you for justice you HAVE NO ANSWER TO HIM!You lawyers are QUICK TO GANG UP AGAINST YOUR OWN RACE i.e. MEN just to protect a WOMAN because you think she is weak and must be protected even at the cost of filing a FALSE CASE.
How MANY WOMEN you guys have PROSECUTED so far is what you shall ASK YOURSELF? I have seen judgement where FALSE CASES against men are proved and only fine of Rs 2000 or Rs 10000 is put on a WOMAN and NO PROSECUTION of woman happens.
I have also seen a prominent woman judge making statement like "MEN are being prosecuted under false cases by women" But even she desists from prosecuting or giving jail term to a woman. What are we going to do with these EMPTY statements.
My Request to you guys is to STOP being traitor to your own race (i.e. MEN) and stop encouraging false cases on MEN just for earning money.
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My Query
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I still want to know if there is a lawyer who can help us prosecute the woman who has filed false cases on us? But the lawyer has to be respectful and must work with us during all steps to make this happen in shortest time possible.
Thanks
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Adv. Yogen Kakade
(Expert) 21 March 2016
To appoint a good lawyer, you can surf in the experts list of this forum and also check his/her contribution in this forum and contact him/her to guide you.
Narendra
(Querist) 22 March 2016
Okay Let me be very very specific now. Those LAWYERS who have PROSECUTED AT LEAST ONE WOMAN after the cases were found to be FALSE against a MAN shall come forward and contact me asap.
We want to ahead with these sections as of now:
IPC 499– Defamation
IPC 211 and 511 (Both)
211:- is applicable (when a false 498a case is going on i.e. UNDER TRIAL)
IPC 177– Furnishing false information (to any public servant)
IPC 181/182– False information, with intent to cause public servant to use his lawful power to the injury of another person
IPC 191/192– Giving false evidence (offence of giving false evidence)
IPC 199– False statement made in declaration which is by law receivable as evidence.
IPC 200– Using as true such declaration knowing it to be false.
IPC 361– Kidnapping from lawful guardianship.
IPC Section 120A Criminal Conspiracy:
I just hope I don't see a silence now !
M V Gupta
(Expert) 25 March 2016
Dear Shri Narendraji, without going into your views about the delays in court proceedings etc, I would like to furnish my comments on ur queries relating to instituting criminal case under the provisions of IPC sited by you.
1. Defamation Sec 499: Averments or allegations contained in a petition or complaint filed before a magistrate or court cannot be regarded as defamation as it falls within the Exception 8 to the section.
2. Action under sections of the IPC other than Section 361 sited by you -- No complaint under these sections can be sustained unless the falsity of the complaint filed under the DV Act are established before the Magistrate, where the trial is pending.
3. Kidnapping Sec. 361- Complaint may be filed if the circumstances and facts meet with the requirements of the section. But please note, if the children were taken by the mother while leaving her matrimonial house, and if the children are of such age where they need mother's care, it may not constitute the offense of kidnapping.
About engaging advocates to represent ur cases, well, u are the best judge in the matter.
Narendra
(Querist) 25 March 2016
Dear M.V Gupta Sir,
Thanks for reply.
Other family member like My brother & parents who stay in Mumbai almost 200 KM away from my home in Pune were deliberately involved to extort me financially. My Brother has not even visited my house even once in lifetime still he was dragged. Does not he have a option of DEFAMATION?
Yes we are going to get all document verified during the course of DV case and that is why we were waiting for DV case to close but since the New Judge it has been very slow and we could only get one hearing of cross question in last 19 months ...every time some or other excuse this judge postpones the hearing.
My question is that shall we wait for DV case to end first?
Also do my parents & Brother who were unnecessarily dragged in to this have any option (section listed above) after the DV case is over?
Also you must NOTE that it is ONE OF YOUR LAWYER COMMUNITY MEMBER who has conspired with the woman to drag my Brother & Parents who do not even stay with me into this!!
Do you have anything to say for SUCH LAWYERS who are traitor to their own race i,e. MEN and are responsible for creating havoc in MEN's life just because they get some few thousand ruppees and because they have a FEMINIST mindset?
and In this case LAWYER happens to be womans childhood friend. What more she can ask for?
First the woman commits adultery and then prosecuted husband & his family member with help of lawyer, that is the justice system in India for MEN.
I just hope that in your next meeting of lawyers you all take a pledge not to use these UNCONSTITUTIONAL LAWS against your own race i.e. MEN.
WHAT OPTIONS DO WE HAVE UNDER THE LAW OF TORTS?
M V Gupta
(Expert) 26 March 2016
If u have good evidence to establish that the DV case filed against all of u is absolutely false and vexatious and vengeful, u may consider approaching the High Court to quash the case pending before the court at Pune.
If ur contention is that the lady is adulterous u may also consider applying for divorce in the family court.
Your comments against Lawyers that they should refuse to accept briefs in false cases,I fully agree with u. But, u have to appreciate that a Lawyer/advocate acts on the basis of the facts told to him by the client. At any rate this is not the forum to discuss such issues. The object of this forum is only to guide the querists on the basis of facts mentioned by them. we do not embark on investigating the truth or otherwise of the facts revealed by the querist.
Narendra
(Querist) 26 March 2016
Dear M V Gupta Sir,
Point#1: The DV case is at last stage and is beyond quashing now. In fact we are waiting for DV outcome so that we can take further action based on that.
Point#2: You reply wrto Lawyers accepting false cases ""But, u have to appreciate that a Lawyer/advocate acts on the basis of the facts told to him by the client"
My Answer: This is the standard excuse given by all lawyers. Any one with a common sense can know the difference between true and false case. You have upward of 90% False cases reported under women laws. Does not lawyer gather evidence from client before deciding on case? What is the need to include people who are not part of shared house hold?
I understand that lawyer community always tries to shield itself away knowing fully well that they are most of times part of conspiracy.
Please HAVE A LOOK at replies by lawyers to other querist. They take no time telling the querist how to go for 498a , DV etc without knowing facts from other side just on hearsay basis.
Also CONSIDERING THAT THESE LAWS ARE ANTI MEN and are HUMAN RIGHTS VIOLATION IN FIRST PLACE, the lawyer community must know that for every suicide that was committed for false case, they are also responsible if not legally then at least in Gods eyes. All the MEN facing upward of 90% FALSE CASES are result of lawyers in collusion with applicant. Considering that you have such large number of FALSE CASES who then formulates these FALSE PETITIONS?
NOW MY QUERY
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I am still NOT getting my answer!
1#HOW DO I PROSECUTE THIS TREACHEROUS WOMAN who has filed a FALSE CASE and made our life hell just because some STUPID PEOPLE IN HIGHER JUDICIARY SAT TOGETHER AND DEVISED ANTI MEN ONE SIDED LAWS as they were so BUSY PROTECTING WEAK WOMEN?
2# My Brother is dragged without any reason, does he have any option legally while the 498a & DV is still ON ?
3# Do my Senior citizen parents have any option since they never stayed with me in PUNE and stayed with my Brother in MUMBAI Always?
4# You lawyers are quick to suggest SINISTER REMEDY TO WOMEN against MEN but when I come to you to get answer on what to do, I am just running around with no specific answers.
# DO I have to wait till all the cases are over to get remedy UNDER LAW OF TORTS?
If you are not able to tell me that what options I have against this woman then I will have to accept the reality an move on knowing fully well that I AM CITIZEN OF A BANANA REPUBLIC CALLED INDIA.
Narendra
(Querist) 26 March 2016
Also for your information we have already approached HUMAN RIGHTS commission in this regard
Narendra
(Querist) 26 March 2016
Please do not tell me about quashing, divorce etc. TELL ME ABOUT HOW TO PROSECUTE THIS WOMAN? and at what point of time we can go for PROSECUTION for this WOMAN. She has already filed PERJURIES and that option we have but under WOMEN laws do we have provision for PROSECUTION of WOMAN filing false complaint? IF YES THAN at what stage?
I have seen statement from that JUDGE Sadhna or vandana Jadhav I forget name) who says that "MEN ARE BEING PROSECUTED IN FALSE CASES under women laws' But does not talk about how to prosecute such women!
Every one is shielding women and PROSECUTING MEN only. Talk about justice system in a BANANA republic called India
Narendra
(Querist) 26 March 2016
I AM ONLY INTERESTED IN PROSECUTION OF THIS WOMAN NOTHING ELSE.
PLEASE TELL ME LEGAL OPTION IN THIS REGARD AND AT WHAT STAGE THESE OPTIONS ARE AVAILABLE TO US.
We are right now fighting 498a & DV case where other members residing in another city were dragged for no fault of theirs.
This information shall be sufficient to you to decided the options available to MEN under such cases.
Please respond and also TELL ME that if any of you have PROSECUTED WOMEN any time in your career under false cases? If not then You must look within and find out why you let women get away with crimes ?
