Best way to fight against false 498a

Mr. Sunny Singh,

I am really very surprised by seeing the story that you have written above.

My understanding is -

a) There is no marriage solemnized between them legally.

b) There is no children of them.

c) Girl is capable enough to earn money and maintain herself since she did job earlier also.

Considering point (a) how 498A, divorce case states? Why that boy filed divorce?

Considering points (b) & (c) how DV states?

Hi Rocky

a) Arya samaj marriage certificate is valid proof for any legal proceeding

b) & c) - this is gender biased law that is prevailing in our society, cannot help much. So has to face all of the proceedings. 

One thing I would like to make very clear - - - - -

498A and other gender biased laws has became a business of most of the lawyers.

If victims do not come forward from their mediocre minds and fight against these then I am afraid about India's future.

Rocky @ Bani, I agree with you.

Kindly put some light on SESSIONS COURT APPLICATION u/s 397 & u/s 203 before first date of DV for the dismissal of false DV on legal & law points mainly.

Thanks in advance for your suggestions brother. You are doing a great enlightenment for the nation & pls keep this fire alive in you.

PLS POST HERE IN COLORFUL FORM u/s 397 & u/s 203 Application for SESSIONS.

Next step is u/s 401 for HIGH COURT.

NOTE:- These two steps are precedent to u/s 482 in DV.

Pls suggest legal points from your knowledge like a lawyer argues vehemently during bail of his client that , "BAIL IS A RULE, JAIL IS AN EXCEPTION, HENCE PUTTING THE ACCUSED IN JAIL WITHOUT TRIAL IS AN ABUSE OF LAW.."

Please suggest some similarly strong legal arguments to be put in 397 + 203 so ADJ is made to think ten times before rejection of such application.

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

I have already shared the patterns of writing petitions.

Unfortunately, there is no specific way to write a petition since it depends on the facts of each specific case. But the pattern is same. Please follow my patterns and follow the facts of your cases.

Please follow CrPC book. Given bellow as attachment. 397 CrPC is for record calling. 401 CrPC is for revisional power on High Court. Under 401 CrPC also you can call records from lower court to High Court. File revision in High Court with always 401 read with 482 of CrPC and call for the record for better judgement. Revision can be file more than one time also in High Court. 

CrPC BOOK

@ Bani

Thanks,

Further, I want to use u/s397 for Revision for challenge of summons to non-domestic relatives.

This option is available only before first date of DV & NOT thereafter.

Once, a DV date is passed then the next option is u/s 239 for discharge of those who got tied to the rope or false cases.

Coming back to above, the steps are as follows:-

I think you have a little misconception on Step 2 to Step 5.

a) Revision should be filed like - U/S 401 CrPC read with 482 CrPC. Please make both State and your wife as opposite party. Please also prey for call for the record from lower court to HC for better judgement.

b) Revision can be filed more than one time also.

c) Appeal in High Court should be filed with Article 227 and with appropriate CrPC for appeal. Sample petition of Article 227 is there in this thread. Appeal can be filed only one time.

d) You can file appeal in Supreme Court if there is great injustice after HC. You should file spacial leave petition for this with Article 136 of Indian Constitution.

@ Bani, Since it's DV hence I won't use State as party.

I am just putting same case no. & referring the same petitioner & respondents as put by my wife.

Just that the application will be from my side.

I am mentioning only six points finally.

First point mentions challenge/quash of summons to non-domestic

2nd to 6th point mentions 203

Sixth point in additionally mentions to examine the petitioner on oath u/s 200 CrPC

iN THE END, The PRAYERS are:-

Summon rejection to non-domestic

Plaint rejection filed by petititoner

Stay till it's decided.

It is for sessions u/s 397 r/w u/s 203.

Yeasterday I made it of around 10 pages, but now I have restrcited it to just 1.5 pages only. Thats it !!!

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

Very Important Post of Mr. Amit

https://www.lawyersclubindia.com/forum/Perjury-misconception--104267.asp#.U86B90Cm9dg

@ Bani, Thanks again.

I have saved all three files.

In sessions I am about to file 397 in person. One of my ex-student who is herself a criminal lawyer is making me afraid that fas jaoge. another lawyer who is men rights activist came down to a very low amount butstill I am planning to go IN PERSON.

Shall I also file Perjury on even such an issue for which they can otherwise very easily say in rejoinder that it's a typing mistake.

But still, I want to file perjury so that I win in mind game at least.

And when they will change then change, no problem, but I want to file perjury in very first instance.

Further, tell me:-

If I put six points in perjury & one point fits very best & other point come under typing error etc then will that also amount to perjury. Can I get certain relief based on that ?

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

Public Interest Litigation (PIL)

https://www.lawyersclubindia.com/forum/What-to-do-with-the-female-oriented-laws--104883.asp#.U93HrKOm9dg

Register FIR against them immediately. File Writ petition (Article 226) with all circumstantial evidences.

Dear Sir,

I have filled a case against our neighbours for pouring explosive fuel to my house mid night 1am -2am on May 8th 2014, we belong to SC caste, FIR been filed but charge sheet not been done on them they were absconding for 1-2 months, even this I have informed to them. I have sent letter from SC directorate and written complaint sent through registered post but there's response or action taken against them.  Our neighbours have Money and Man power.  Still our case is pending.  Now they both taken AB.

Now what step i can take, so that police will arrest them and theirs AB should get cancelled. I want Justice for the complaint.  Kindly help me sir.

Thanks

Manju

Manjushree,  You should engage a very good criminal lawyer sympathetical to S.C., S.T. and poorer sections of the society.  There is a long legal fight waiting for you.  The offences they committed against you and your family amount to very serious in nature and come within purview of "prevention of atrocities against S.C. Act".  But the police mostly belong to upper castes collude with the accused and let them get AB or bail.  So engage a good advocate.