Best way to fight against false domestic violence

ATTACK IS THE BEST WAY TO DEFENCE

It is often seen that mostly the husbands trapped in false 498a say that, they not even see girls or adultery, they do not dirnk tea coffee or alcohol and we often hear things that say that husbands are innocent.

It can be understood in other way as if "ONLY INNOCENT HUSBANDS ARE TRAPPED IN FALSE CASES"

Ques = WHY? 

Ans = BECAUSE THEY ARE GOOOD & INNOCENT

Kindly remember that, till the time you choose to stay silent till that time you are a good husband or what I call as "GAU MAN" i.e., COW LIKE HUSBAND. till that time you will NOT get out of this trouble of false cases,

Ques = WHY ?

Ans = BECAUSE . . . . . . read below examples

The husband of COW is SAAND

The husband of PARI is JINNN

where COW & PARI are very very decent, sober etc whereas the SAAND & JINNN are highly active powerful etc. So till the time the husband will keep acting as a COW or PARI the problem will NOT be solvedbut that does NOT mean you have to act as KHULLA SAAND. What you need to do is as follows:-

(1) You need to legally, tactfully through paper tigers tell them that you will file counter attack in a tactful & truth based manner. 

For Example: -

If a wife leaves home with jewellery & refuses to come back despite panchayat & you have written proofs then in that case yu need to write a representation to police & other relevant authorities with the heading, "COMPLAINT AGAINST WIFE & BLA BLA BLA - - - THIS IS JUST FOR INFORMATION & NOT FOR ACTION"

Thereafter you need to ask some questions through RTI to safeguard the family members at least and therefater wait & watch policy.

Once she files CAW or DV(CWC) then in that case you need to be ready for mediation or counselling,.

Do NOT let the matter come out of counselling or mediation in a truth based & offer-acceptance manner using PAPER TIGERS and thereafter or side by side invoke CrPC 91 WITHIN CAW stage itself or immediately thereafter before FIR or immediately after FIR using Arnesh Kumar Judgment points (read that judgment very carefully as even contempt can be filed against IO based on that judgment)

So you need to be ready for settlement & you must give your written offer which the opposite party must accept which you need to ensure through RTI's

Further, if the matter is NOT solved then the matter goes to court wherein you need toi immediately file counter attacks citing the offer given by you which was accepted by her was deliberately failed to honor by her which means that she wants to harass you & family through false & wild allegations. 

And now present proofs & use CrPC 91, RTI & Perjury for filing counter attacks.

ATTACK IS THE BEST WAY TO DEFENCE

In every attack you need to present as if you are a good husband i.e., a GAU MAN and you want to live with her for the sake of family culture & Indian values since the children are involved or other reasons and she has presented a false relinquishment deed in the name of her mother to present herself as abla nari & poor petitioner which is also a crime to misuse the Indian courts using false allegations. But she got that relinquishment deed regiustered using a forged aadhaar card so she also duped the UIDAI i.e., Biometric System of India hence she may be tried to Section-420 IPC & other provisions of law as applicable as the motive of this fruad was to extort money from her husband in the name of maintenance miusuing further 23 DV, 125 CRPC, 24 HMA, 18 HAMA etc.,

Further, Attack can be also in the form of criminal defamation, & other counter attckec which MUST BE FILED BEFORE FRAMING OF CHARGES STAGE ITSELF so that the sword of punishment for filing false cases also hangs on her head.

Best Wishes & Happy Fighting False & Cases & SOCIAL STiIGMA on you & family!!!

COMPLAINT AGAINST WIFE u/s 420 IPC

OR

ONE PAGE CRIMINAL COMPLAINT AGAINST WIFE 

OR

ONE SHORT ALLEGATION

A Criminal Complaint must be of one short page or half page usually. It must carry a ONE SHORT ALLEGATION which is supported by documentary evidences as RTI's have been annexed.

Read as follows . . . ..  . . 

To                                                         Dated 23/08/2016

Commissioner of Police

Delhi Police Headquarters

M.S.O. Building,

I.P. Estate, New Delhi - 110002

COMPLAINT AGAINST SHRIMATI PATIVRATA DEVI JI ALIAS JHOOTHA NAAM JI CURRENTLY RESIDING AT DZ-420, CHOR GALI DAAKU NAGAR DELHI REGARDING PROPERTY DEED REGISTRATION RELATED CRIME U/S 420 IPC & OTHER RELEVANT SECTIONS COMMITTED BY HER IN AUGUST 2013

Respected Sir/ Madam,

                 ONE LADY HAS CLAIMED BOLDLY ON SWORN AFFIDAVIT IN FAMILY COURT & MAHILA COURT THAT SHE HAS RELINQUISHED HER SHARE OF PROPERTY IN THE NAME OF HER MOTHER THROUGH A REGISTERED DEED AFTER THE DEATH OF HER FATHER IN JULY 2013 THROUGH A REGISTERED DEED BUT IN JULY/ AUGUST 2013 EVEN THE SUB-REGISTRAR WAS NOT AUTHORIZED TO REGISTER A DEED WITHOUT A VALID AADHAAR CARD (annexed No.SR-VI-A/Rohini/2015/2419 Dated:27/11/2015 and F.1/2293/R.B/Div.Com/ (HQ)/2015/131 Dated: 29/01/2016 and No: F.36 (190)/Coordn/Div. Com/2013/822 Dated: 24/03/2015 for your kind perusal  & can be duly verified by your esteemed authority)

                 It is respectfully, politely & vehemently submitted that this aforesaid lady has the aadhaar card by the name Pativrata Devi Ji (annexed for your kind perusal) but she claims to have relinquished her share of property in the name of her mother by concealing her true legal identity as above & using the alias name Jhootha Naam Ji which attracts the provisions of Section-420 IPC and other relevant provisions of law against this lady as even the Hon’ble Sub-Registrar was not authorized to register any deed without a valid aadhaar card during this period (annexed No.SR-VI-A/Rohini/2015/2419 Dated:27/11/2015 and F.1/2293/R.B/Div.Com/ (HQ)/2015/131 Dated: 29/01/2016 and No: F.36 (190)/Coordn/Div. Com/2013/822 Dated: 24/03/2015 for your kind perusal  & can be duly verified by your esteemed authority) & also there is possibility that this lady used a forged/ invalid aadhaar card for doing the above crime which shall also be investigated by the relevant officer.

                 I therefore pray with folded hands for immediate registration of FIR & Other Legal Action against this lady u/s 420 of IPC & other relevant provisions of law as applicable.               

                                                                          Thanking you,

Yours faithfully,

PATI PARMESHWAR JI

C/o A-777, GF, Sharafat Mohalla, Rohini Delhi-110085

Respected Sir, the mediation u/s 89 CPC for Family Courts suggested by you is very good.

I have two concerns viz.,

(a) Can the Court case be fought without coming to India ?

(b) Can RTI be used alongwith Mediation or Can one use RTI during mediation on the court or on the district judge or on the mediation centre to push / invoke the Extortion ?

Thanks toooooooo much. You are a great asset for our nation. Keep up the good work ATUR CHATUR ji. blessing always!!! GURUJI

Originally posted by : Rajni Behl
	Respected Sir, the mediation u/s 89 CPC for Family Courts suggested by you is very good. I have two concerns viz.,   (a) Can the Court case be fought without coming to India ? (b) Can RTI be used alongwith Mediation or Can one use RTI during mediation on the court or on the district judge or on the mediation centre to push / invoke the Extortion ?   Thanks toooooooo much. You are a great asset for our nation. Keep up the good work ATUR CHATUR ji. blessing always!!! GURUJI

Yes, Court case in 498a/DV 125 CrPC 24 HMA etc can be fought without stepping in India if you have lots of proof but you need to press the charges/ press your applications.

And REMEMBER

False 498a 354 307 DV must be broken down by three tools viz.,

RTI

CRPC 91

PERJURY

Spread the above message to end false cases in INDIA

Further, Rajni Ji, so far as yur next query is concerned regarding Mediation, I must say YES YES & YES.

RTI can & of course be used alongwith mediation on district court/ mediation centre and this is your right which must be exercised to get your rights enforced.

And YES, Mediation is the best ground/ level where EXTORTION can be pushed but ONLY WHEN the mediation happened on the basis of a written request by you which should have been accepted by the opposite party (as per the Court Order Sheet)

So, if on the Court Order Sheet, it is written that, Husband requested for Mediation in a written manner and the Wife did NOT objet to that offer & goes for mediation., then in that case, EXTORTION CAN BE FILED but only if that written representation by husband included some points on the basis of which extortion can be filed.

For Instance, within that offer for mediation, you need not raise any issues that this thing will be with me or that. Simply say that, in view of tremendous pressure of litigations started by your wife & denying all her allegations & without prejudice to your right/s or life & in the larger interest of your family etc you want to go for mediation. 

If wife denies to accept that offer of mediation then if later on it is proved that her plaints were false then she wil be in extreme conviction related trouble. And if she does AANA KAANI then also that shows a negative mark on her i.e., CONDUCT OF WIFE IS RECORDED AS NEGATIVE. And further, if she goes into mediation without aana-kaani then that means she is also very much interested in getting the matter solved. HERE YOU GET THE CHANCE TO SOLVE THE MATTER BASED ON CIRCLE RATE OF YOUR PROPERTY i.e., BASED ON YOUR OWN CALCULATION which means she can NOT demand 6 crores but instead WILL HAVE TO settle the matter for mere 20 lakhs assuming that is the Circle Rate Value of that NRI. This example is of a NRI who took my help recently. This case is extremely helpful for those NRI's with whom a girl married just for PAISA. And we assure you that she will get what she married for i.e., PAISA and NOT rupees.

Best Wishes & Happy Fighting false cases & SOCIAL STIGMA on u & family!!!

PROTECTION FROM INTIMIDATION

Friends, When we are fighting corruption in India then posts/ courier/ summons/ notices play an important role & there is every possibility that you/ your family mamber might be intimidated by the summon/ notice/ letter/ courier issuing people as you are fighting corruption so follow these steps to protect yoursdelf from intimidation.

Immediately SEND ME or someone you trust that ED123456789IN number which is written outside the envelope through which you received that letter at 12pm on 06/09/2016 which says that the time to appear for hearing is 11am.

Goto https://indiapost.gov.in and put the above postal ED number into it & when it shows delivered, take that printout as a proof.

GIVE STANDING INSTRUCTIONS TO ALL YOUR FAMILY MEMBERS WHO RECEIVE LETTER ON YOUR BEHALF TO WRITE DATE & TIME OF RECEIPT OF ANY LETTER FROM ANY DEPARTMENT & MUST ALSO WRITE DATE & TIME ON EVEN ANY SUMMONS FROM COURT OR POLICE THAT ARE RECEIVED ON YOUR BEHALF.

They should first write time, then write the date & only then sign. Tell them NOT to fear because some corrupt cop might try to INTIMIDATE them/you or REQUEST them/ you saying "JALDI SIGN KARO" etc etc.

MY SUGGESTION:-

Do NOT sign without reading.
Do NOT sign without first writing time & date
ANDD
Do NOT sign without mentioning the NUMBER OF PAGES RECEIVED BY YOU.
 

Because CORRUPT COP/ Other Corrupt person might come to you or your parents house with one paper but in the books/ diaryu entry he (or corrupt authority) can show that they gave you 3 pages or may be 20 pages hence you might get into trouble later on so follow the following steps,

SO THE RECEIVING PERSON FROM YOUR FAMILY MUST WRITE AS FOLLOWS:-

Received One page Only (or 3 pages etc as the case may be)
 

Time 12:07pm

Date 06/09/2016

SIGN 

Hence, You or your family member must sign in the end.

NOTE:- Let that corrupt cop or corrupt letter delivering person shout on you or your family member.

Do NOT sign under pressure.

If anyone shouts & intimidates you to sign (which may never happen) then in that case you / family member can SIGN but after signature write u.p. in small which he will understand as signature but that u.p. will mean under pressure which we can challenge/ complaint or even get copy of that paper through RTI.

BE 100% Confident.
Best Wishes & Happy Fighting false cases & SOCIAL STIGMA on you & family!!!

Regards

Atur Chatur

thanks for helping the nation atur chatur ji.

sir I am NRI, my brother is also NRI. We both are in USA different cities. our parents are in India. False Dowry harassment complaint has been filed by my bhabhi against my brother, against myself & against my parents.

I and my brother do not want to go to India because our jobs might suffer. what can we do?

Sir, also tell us whether it's the right time to Quash or we need to apply Anticipatory Bail first.

Do you provide services for the NRI's? Do we need an advocate? Can NBW be issued against me & my brother? Will our jobs be affected due to this false & fabricated case? any help from your side will be highly appreciated sir. Please respond soon,.

regards 

shruti karisma

Originally posted by : Shruti Karisma
	thanks for helping the nation atur chatur ji.   sir I am NRI, my brother is also NRI. We both are in USA different cities. our parents are in India. False Dowry harassment complaint has been filed by my bhabhi against my brother, against myself & against my parents.   I and my brother do not want to go to India because our jobs might suffer. what can we do?   Sir, also tell us whether it's the right time to Quash or we need to apply Anticipatory Bail first.   Do you provide services for the NRI's? Do we need an advocate? Can NBW be issued against me & my brother? Will our jobs be affected due to this false & fabricated case? any help from your side will be highly appreciated sir. Please respond soon,.   regards  shruti karisma

NRI's are the best targets for the extornists using false cases. But if the case is false then most of the case can be broken down even before entering India. But for that one needs a lot of proofs, evidences or contradictory statement of wives in several complaints.

RTI, CrPC 91, Perjury & Contradictory sattemnents of wife can be used to break false complainst by disgruntled wives.

Few FAQ's for NRI's have been enlisted hereasunder for your kind perusal. These are my opinions as this is such an issue for which opinions of diferent people can be different & must be applied wisely based on your own circumstances.

WHY FIR QUASH instead of Anticipatory Bail for NRI's ?
Because, immediately after applying for anticipatory bail, the police will start searching & may also apply to the court for NBW (Non-Bailable Warrant) against the accused who are in USA or other countries.

What is the harm in Appplying A.B. by NRI's ?
It is because to get bail, NRI might have to come to India if the court orders his personal appearance otherwise it will be termed as if the NRI not obeying the court orders. Hence, the NRI has to either get A.B. or surrender to lower court to get bail, so QUASH FOR NRI is best suggested here.

TYPES OF QUASH
Two most famous types of quash are there viz.,
(A) FIR QUASH
(B) CHARGESHEET QUASH

FIR QUASH
It can be done any time after FIR is lodged.

CHARGE SHEET QUASH
It can be done any time after Charge Sheet is filed in the lower court. But it is preferable to be filed/ applied immediately after chargesheet is filed by the police so that the police does not get a chance to apply for bail cancellation of NRI.

Can we do something equivalent to quash in the lower court ?
There is nothing equivalent to quash in lower court but there is an alternate option which can help the NRI procastinate the charge sheet even after filing of the chargesheet. This is known as returning of the chargesheet by the accused vide an application to the court citing some lacunaes in the chargesheet. Lacunae can be gathered vide several RTI's using circular/ guidelines/ judgments

What is Lacunae in the chargesheet ?
Lacunae means something wrong, something missing or some loophole or some incomplete/ wrong information recorded in investigation or sometimes a totally false investigation or no investigation at all conducted by the police. This is called lacunae.

How can We catch the lacunae for NRI?
Chargesheet (C.S.) mostly have the lacunae. CS should NOT be a copy paste of FIR in your case & further they must follow a set procedure.
Further, there is 90 days time limiation to file CS.
You need to work on this 90 days via technicality based or law point based pressure tactics using RTI in the form of guidelines, standard practices, rules, laws, judgments, standing orders & the link.

Once you are out of this 90 days time limitation & your 13 RTI's are in place then you get many points in hand to return the CS in the name of lacunaes in the CS when the police will come to the court for your BAIL CANCELLATION.

Quash on the basis of non-consummation, ADULTERY  or annulment by NRI ?
The dissolution of marriage on the basis of non consummation of marriage has to be due to the impotency of the respondent i.e. if the wife of NRI is impotent which the NRI have to prove it by medical evidence if she is contesting the petition for annulment, the proof of her relationship with other man will only be secondary in nature & if there exist actual s*xual relationship outside marriage of your wife than this can be made a ground for divorce not annulment.

The above are just some of the issues but it must be remembered Shruti Karisma Ji that the false case must be broken down to the maximum possible extent before you visit India and you must also take care of LOC Issues & Passport issues before entering India. Sme suggestions applies for your brother too. Hope this helps..

thanks Atur Chatur Sir for this valuable information.

LIST OF ADDRESSES

Hon’ble President of India, Rashtrapati Bhawan, President’s Secretariat, New Delhi-110004

BAR COUNCIL OF INDIA, 21, Rouse Avenue Institutional Area, Near Bal Bhawan, Delhi 110002

Hon'ble Prime Minister of India, 7 Race Course Road, Delhi - 110011

Hon’ble Principal Judge, O/o Dwarka Family Court, Dwarka Courts Complex, New Delhi-110075

Hon’ble Chairperson, National Human Rights Commission, Manav Adhikar Bhavan, Block – C, GPO Complex

INA, New Delhi-110023

Ministry of Home Affairs, Government of India, North Block, Central Secretariat, New Delhi - 110001

Hon’ble Lieutenant Governor of Delhi, RAJ PUR ROAD, RAJ NIWAS MARG, New Delhi-110054

Department of Justice, Ministry of Law & Justice, Jaisalmer House, 26 Mansingh Road, New Delhi - 110011

Deputy Chief Minister of Delhi, Delhi Secretariat, I.P. Estate, New Delhi-110002

DISTRICT JUDGE, North-West District, Rohini District Courts, New Delhi - 110085

If it is a Family Court then,

NAME OF JUDGE CONCERNED, Principal Judge, Family Courts, Rohini District Courts, New Delhi - 110085

If it is a Metropolitan Magistrate Court or Mahila Court or JFMC Court then,

NAME OF Magistrate CONCERNED, Mahila Court, Rohini District Courts, New Delhi - 110085

Department of Law, Justice & Legislative Affairs, 8th Floor, C-Wing, Delhi Secretariat, I. P. Estate, Delhi - 110002

CENTRAL VIGILANCE COMMISSION. Satarkata Bhavan , A-Block. GPO Complex , INA, New Delhi - 110 023

Hon'ble Commissioner of Police, Delhi Police Headquarters, M.S.O. Building, I.P. Estate, New Delhi - 110002

Hon’ble Chief Minister of Delhi, CM Office, 3rd Level, Delhi Secretariat, I.P. Estate, New Delhi-110002

Chief Justice of India, Supreme Court of India, Tilak Marg, New Delhi-110001

CHIEF JUSTICE, DELHI HIGH COURT, Sher Shah Road, New Delhi - 110003

REGISTRAR VIGILANCE, DELHI HIGH COURT, Sher Shah Road, New Delhi - 110003

Hon’ble Director (CBI), Central Bureau of Investigation, Plot No. 5-B, 6th Floor, CGO Complex, Lodhi Road, Jawaharlal Nehru Stadium Marg, New Delhi-110003

Anti Corruption Bureau, Old Secretariat, Civil Lines, Delhi - 110054

Hon'ble Vigilance Section, Delhi Police, Barakhamba Road, Delhi - 110001

Chief Metropolitan Magistrate, NWD, Rohini Courts, Delhi – 110085

Regards

ATUR CHATUR

PRELIMINARY OBJECTION

"Under prevelant laws, a husband is supposed to maintain his unearning spouse out of the income he earns. No law provides that a husband has to maintain his wife, living seperately from him, irrespective of the fact whether he earns or not,"

The above is the extract from a judgment by Hon'ble Shiv Natayan Dhingra. But within P.O. only the above extract need be used without disclosing the judgment, Now, a judge has to decide at least P.O. before Interim Maintenance u/s 23 of D.V. Act but he may try to invoke section-28 but before he invokes section-28 you need to PRESS THE PRELIMINARY OBJECTIONS so that the above P.O. word to word is noted down by him within his order sheet alongwith some comment in order to bypas the above P.O.

If he ignores this P.O. then one can challenge it saying that the P.O.'s are NOT taken into consideration.

NOTE:- A government officer named judge or MM or JFMC is duty bound to record word to word your P.O. and thereafter record the reasons for moving ahead with the case despite that P.O. i.e., he has to reject your P.O. (he has to reject all your P.O.'s) so that's why maximum preliminary objections (P.O.) must be there within & before your W.S.

W.S must be filed at first available opportunity and within W.S. & before starting W.S. there is a new para called PARALIMINARY OBJECTION. You need to include this para deliberately & boldly. If any allegations & counter attacks/ counter allegations/ counter stories then those are to included in separate para after P.O. but before W.S. by the name preliminary objections, In my own case there were sixty (60 preliminary objections but for most of the cases I suggest to include at least 30 or more P.O. if the case is false & you have evidences, All contradictory statements by her to be recorded within P.O. as a separate P.O. irrespective of the relevancy or irrelevancy of such contradictory version by her.

NOTE:- If there is PERJURY committed by her, or any 420 IPC committed by her like aadhaar card fraud, document fraud, hiding of previous marriage which has not yet ended etc then 340 crpc or 420 ipc or other relevant applications need to be included alongwith W.S.

CrPC 91 application should also be given alongwith W.S.

Even better to give CrPC 91 before W.S. and writing a note within 91 crpc that you reserve your right to file W.S. and that these documents as requested by you within this CrPC 91 are required by you to prepare your W.S.

CHARGE SHEET RETURNED FOR LACUNAE

It feels me great to infom you guys that one of the NRI friend Charge Sheet has been returned for lacunaes after he filed Contempt on Police based on the post 41a Fraud related post. This charge sheet has been returned despte the non applicability of 41a Arnesh Kumar Judgment in Section 377 imposed on him. The reason being that we looped him alongwith his mother who was chrged with section 307 IPC who was sent 41a notice but NOT he sitting in USA. Without stepping in India his charge sheet has been returned. A big win for man kind.

Hello Atur Chatur sir, very very informative and strong guidance by you. Thanks for all your efforts and for posting such great content for use of all. I have a query - the (k)nife filed DV case (along with others) and interim was passed in her favour. Perjury was filed. Interim order was stayed by appeal court. She filed counter appeal. Now it was time for her evidence in trial but she did not appear and case dismissed for repeated non attendance. Now what happens to appeals filed by husband? and by her? How to use this strategically? Thanks

Hello Atur Chatur sir, very very informative and strong guidance by you. Thanks for all your efforts and for posting such great content for use of all. I have a query - the (k)nife filed DV case (along with others) and interim was passed in her favour. Perjury was filed. Interim order was stayed by appeal court. She filed counter appeal. Now it was time for her evidence in trial but she did not appear and case dismissed for repeated non attendance. Now what happens to appeals filed by husband? and by her? How to use this strategically? Thanks