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

Excellent note to me.

Thanks for posting these type of info.

keep posting.

regards,

Senthil kumar.G

Best quotes on Freedom:

I disapprove of what you say, but I will defend to the death your right to say it.

Best quotes on Freedom:

I disapprove of what you say, but I will defend to the death your right to say it.

change your name to freedom instead of sufferer .. as its very negative...:)

Hi friends,

I need your help. I got married in april 2009. I have one child who is 3 years old. I have experienced many bad situations in the past due to my wife and her parents. Now she is not living with me and is with her parents from last more than 5 months. I have also filled a divorce petition against her as she is not ready to end the matter mutually. She left the house where I used to live with my parents(my mom is the owner) on 19-05-13 after filling a false complaint of dowry demands along with mental and physical torture on her by my family. Again on 14-10-13 she filled another complaint of DV in the PS. After that she came to my parent's house on 18-10-13 and forcefully tried to enter the house and managed to get into our "varanda"(open space). Some how we were lucky to get her out of there that time. But now we are again under threat that she will come again with her family and relations and this time she will sit in front of house contentiously and forcefully enter the house by any means. Now my lawyer is saying that if she manages to enter our house we cannot by any means force her legally to get out and we should take precautions so that she should not enter the house. Now I am worried if some how she enters the house what will we do. My parents have filled a case of injunction against me and my wife but we were unable to get the stay orders and the date we got from the court is one month away. What should I do in this situation?

Hello,

I do not agree to the point 11 you provided above:

11. The basic difference between 498a and DV act is in 498a husband is liable for punishment but wife does not get any financial relief but in DV wife/female partner gets lots of relief but there is no punishment/arrest (unless husband violate court order). Another difference is 498a can be booked against husband or his relatives but DV can be booked only against male members of a family.

There are cases where entire family brought to the court.

Hello vikram...

what scenario u r saying, even we have faced....

try shooting written communications/letters to all big police heads of ur area & ur city about her forcefully entering...what all she can do & she does in d house - u need to write all that..

d more u have documentary evidence against her, it will only help u..u maybe called for statement by police but dont fear law procedures....

if court has granted injunction, any attempt by her wil be a criminal trespass by law...u need to think of harassing her only thru ur written complaints route & dont get tensed..u need tio help urself by becoming courageous & talk to others who have boldly fought 498A OR other women overly used provisions.

Dear Vikram,

As per your query I have the following say:

1. Your case is similar to honey bee, where ever there is honey there should be a bee, I hope you got my point., as here, the hubby is honey and your wife is bee. So,only thing you can do is reflect the path and avoid such temptations where that bee can't attach on honey.

2. Tell your mom to file request of interim relief on civil injunction and same copy should be send to your jurisdictions SHO, one of your SSP and one to HRC to tell them that her son is not living with her but then also that wicked lady her DIL is becoming a pain in arse in her old age even though the matter is sub judice.

3. If you want the custody of your child then monthly deposit the maintenance amount to her account showing that you are responsible father but due to her mental cruelties you are made to live away from your wife.You are the best care taker of your child and living of your child with that lady will hamper his/her upbringing.

4. Always update your divorce petition with recent developments,never rely on your advocate that he will do,you have to insist him to file all recent developments of cruelties ,so that your case would become strong.

5. It's universal truth that till 5 years a child generally lives with her mother due to proper feeding as you also know.

6. Never bow down on any of threats or extortions, all illegal trespassing in any ones house is an offence under IPC and she will be booked for that cause.

7. Fight the case on merit and show that her own statements contradicts with her false cases,as here first she filed 498a ,then DVA2005 and again the same women wants to live in the same house where she has been tortured enough to make her file such cases of cruelty and voilence,then why she want to live again in the same home?

8. You have an added advantage that you have filled a divorce case on her,this shows that due to her mental cruelty you are not living with her and for child your need the right of visitation which can't be denied.

Good luck.

regards,

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism.

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Thank you for giving support by posting and writing so much on this issue..me and my three sisters and my mother were very unfortunate to have a single brother and his wife has taken advantage of having him a four sisters..my mother has lost all her confidence and this devil wicked wife of my brother is still staying in his house after filing 498 a against all of us..we all well educated ,married before his marriage and settled in different parts of India ..i just wish to know that this wicked lady's father and brother never came to see their daughter and were not present at brother's town when she filed a complaint against us How can chargesheet have complaint written and typed in police station on the name of her brother sister,father and even maternal uncle as a witness? how shall we fight to prove that they were never came ..does court can accept evidence of neighbours or office staff who can tell that witch's brother sister father and uncle never visited my brother's place 

one more query..the wicked wife of my brother has done all this to get a name on the property which is  actually belongs to my elder sister who bought it with partnership with my brother..tihs devil lady kept quiet for 10 years and once we all four sisters have put our own money to get my brother buy that property worth of crores  ( his wife didn't give single penny ) , she filed a 498 against us ...now my question is can my sister file a parallel case against this wicked wife for extortion or Domestic violence..not letting my sister in that property  Papers of property shows that property is on both names my sister and my brother. How can we take advantage of this situation? does we have right to file a complaint against her when we are accused by her in 498 case?

Itz really superb information that you posted is. Appreciate your efforts.

I am facing a problem with my wife and her parents. since 1 month she was with her parents and two times with some Big people Panchayat has done and they said that the judgement. Even after that, her parents were not satisfied and now they are trying to pull me back to another sitting. Their main aim is to separate from my parents. So that they can do what ever they wants and more over they are threatening me that will file 498(a) DV on me and my family members.

Please could you suggest me something to get rid of this. I am really suffering a lot with all the tension and more my parents are too.

Hello Balaji Res

I am one unfortunate sister who has tried hard to save my mother and brother and my sisters  to get falsely trapped in 498a case and  but we couldn't get chance and now we are fighting for the justice..as your query suggests that you are under threat of getting 498 charged by yr wife then what i failed to do is you should do..try to get in touch women Protection cell..during my post research after we falsely accused by my brother's wife I met one officer of women cell who told me that they do provide help to husbands and his family if they come first and tell about how his wife threatening them and provide counselling and also visit Mens rights association website and contact the valunteers..they really provide good assistance  We are all joining hands together and fighting against this cruel law

Hello Balaji Res

I am one unfortunate sister who has tried hard to save my mother and brother and my sisters  to get falsely trapped in 498a case and  but we couldn't get chance and now we are fighting for the justice..as your query suggests that you are under threat of getting 498 charged by yr wife then what i failed to do is you should do..try to get in touch women Protection cell..during my post research after we falsely accused by my brother's wife I met one officer of women cell who told me that they do provide help to husbands and his family if they come first and tell about how his wife threatening them and provide counselling and also visit Mens rights association website and contact the valunteers..they really provide good assistance  We are all joining hands together and fighting against this cruel law

@ Dear Maitri,

On your query I have the following say:

1. She is not entitled to get any property rights whether on her husband's name or on his sitster's name.

2. If the witnesses which she has showed in her complaint were not present and simply the poilce men had made the false complaint alleging the wrong witness then U/s 167/211/219 and U/s 177/181/182 it's an offence and they all may be booked for wrong acts.

3. Just fight your case on merit and yes you can utilize the statements of your neighbours to falsify her case.

4. Collect all the evidences which shows that all her relatives were not present at the time of filing false case.

5. If you people have a good period of domestic relation with your SIL then you can file DVA 2005 on her stating the verbal abuse and physical as well as mental abuse by your SIL on all.

6. Always try to record her cruelties and make sure that it should be in both way of conversation.

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@ Dear Balaji,

Your query make me to feel that you are frightened by your wife and in-laws,

first of all I would like to clear you that no Law on this earth says that as you have married a women then you are bound to follow her and her parent's wishes.

It's contrary and bad fate that we are in India where one sided laws are made for full filling the wishes of unscrupulous and greedy women's but it doesn't mean that a Loot will go on under the nose of Justice even though you have all the evidences and facts against her.

For your situation I have the following opinions:

1. Talk to your wife about what you want exactly and even though she doesn't listen to you on right path then simply Tell your wife and FIL to file many cases as they can....once all cases are filed take AB and relax for the next fight for your justice.

2. Hire an extremely efficient lawyer who could thrash all her malafide intentions.

3. Simultaneously file divorce and stay cool.

4.The speed of all cases will run as usual and your divorce will also go in same speed.

But,But....

once the evidence and cross examination crosses and all her allegations falls a way apart ,from there your divorce case will run like milkha singh after it is proved that how much mental cruelty you have faced by your wife and your in-laws.

5. Never bow on any illegal demands and any threats.

6. If they try to extort and threats you then file pvt. complaint U/s 383/384 IPC for such cause.

7. Lastly, never miss any opportunity to save the recordings of all her cruelties in original media.

Best of Luck.

regards,

Join hand’s to fight against Misuse of Law, their Legal extortion & terrorism.

Group:https://groups.google.com/forum/#!forum/498asaviours

Email: everysuffererisasaviour@gmail.com

                              AND                                 

Blog:https://everysuffererisasaviour.blogspot.in/

The value of freedom is measured by the cost of struggle,If you need freedom then you have to become a fighter ….as no other option.