498a

Interim stay has been granted by The Hon'ble High court and till the stay is in effect case shall not be proceeded so first of all contest the case there at high court and after interim stay has been vacated file an expedite petition for expiditious disposal of case.

 

Prakhar Tandon                                                                                                            (advocate)                                                                                                                                  High Court, Allahabad                                                                                                      MB-09026256175

Hello Advocates .... I need to help to know about 498A. My Sister in laws have filled case against my parent and brother 2 months back and they are in need of help. This has been done in bilaspur Chhattisgarh .... Seek help from anyone residing at bilaspur or nearby cities

Sashvitha, good for ur husband. I know one case in the High Court in the exact same situation. He's laughing and his wife is begging to resolve the issue.  I sometimes despise being born a human being. The loser human beings such as urself cry, "pls help," due to a court case. Fortunately, I'm proud of the fellow human beings who guard this land from the enemies and do not cry like 498a filing ladies or cry like false-498a-case suffering men. I despise human beings like u because due to beings like u we had to surrender to the Mughals and the British invaders. It's loser like u who thought it's best to serve than protect. It's losers like u who put money before honour and put life before freedom. Lady, honour is just another name for the pride felt on seeing ur reflection in the mirror every morning. If u filed those cases for money, then, prostitution is legal in many places: try that also: a lot of money is involved.

 

I hope ur hubby takes u all the way to the Supreme Court to teach u a lesson. I would. Not just to u. I would do it to teach ur lawyer a lesson too who suggested 498a or a Domestic Violence case in the first case. It's a pity that most men do not have the determination to give life-long regrets to both the lawyer and his 498a filing lady.

@Compelled to Learn Law, 

Some parts of what you said above has been the eye opener for many false case filers.

 

BUT HOW TO TEACH HER LAWYER A LESSON ?

Kindly suggest some tactics if you have reaced / crossed that stage. 

Even if you have some innovative ideas then pls share as I WANT TO LEARN HOW TO TEACH WIFE'S LAWYER A LESSON. Be as elaborative as possible. MAI BORE NAHI HOUNGA. Please pour your research. Thanks

U cannot teach her lawyer a lesson directly. Just frustrate the lady so that she curses and abuses her lawyer in the lawyer's office and on the phone. She'll also spread the wrong word about service performed and she will withhold the remaining fees. 

 

Also, visit the office of ur opponent's lawyer often to pass on superficial messages to ur opponent through the lawyer: doing this will make ur opponent to suspect their own lawyer. Every time their lawyer fails to answer their call, they will be tormented with misgivings about the lawyer.  498a lady will feel very alone.

 

The 498a wife should be the real target. If possible, have no income on record and present affidavits from ur loved ones that u owe them money. Show that u r under a lot of debt so that u end-up giving minimum maintenance to her. U should provide proofs of ur ill health, physical or mental or both, which is causing ur unemployment. The biased judge will probably still give her some maintenance. If she is working, u may avoid paying her any maintenance and u may be entitled to maintenance from her whilst the divorce case runs.

 

If it’s the husband who wanted the divorce and the wife files 498a in a hope that the husband will get scared and will take her back, do not take her back. Never take her back. He should skip the country or just skip town to get away from the unnecessary harassment. He should just think in his head that a nuclear bomb went off and he needs to leave the town. That the town is no more inhabitable for him. She will learn her lesson with no maintenance money, no matrimonial life, and with the wastage of her years. If skipping is not a suitable option, one will need to file cases on her and her family: filing cases r easy if u r economically in a good position or have friends in beneficial places. If u r not well economically, u'll need to work harder on filing counter cases but human mind is ingenious and I have seen often that if an ingenious mind is determined and it's given some time, it will beat out the minds who have more experience in the field or have more means.

 

If they filed 498a or DV to extract a quick divorce and a quick divorce settlement, do not give them either. To make these kind of ladies suffer, delay the divorce case: do not appear in the divorce case until the exparte evidence date is set: appear on the exparte evidence day with a doctor's note to explain non-appearance on the last hearing and also, ask the case to be referred to the Mediation Centre. Waste months in mediation by leading them on. The written statement should not be filed easily, not for the first 18 months or so (It can be delayed even longer). When the written statement has been delayed to the extreme and when the judge really wants it, then, throw in an HMA 24 application: the settled law is that the judge has no business to force u to turn-in the written statement before HMA 24 is settled. Even if she has filed HMA 24, u r still entitled to file HMA 24 of ur own. Then delay filing the reply to her HMA 24; delay ur HMA 24 argument. Also move in frivolous applications like order 11, rule 12 and act dumb if it's rejected and ask for an adjournment to regroup. Nothing should be done in the case without causing major delays first. Cause delay at every step. On one hearing, to delay the case, u can show papers that u've just applied for legal aid and u r waiting for their decision. And on the next hearing say that the legal aid lawyer was not much good and u want to stick to fighting the case urself. Have no advocate on record in the divorce case and every now and then, just walk into the government hospital on the hearing day with a complain of diarrhea, fatigue, stomach pain etc. and get the note stamped but do not go to Court on that day: make sure the hospital slip has the registration number and then find out on what day the case is set for exparte evidence and show up on that evidence day  to present the stamped note. You can repeat this as many times as u like as long as u have no advocate on record: I would recommend to do this every third or fourth hearing: there is nothing the judge can do except give short dates and impose costs. There is another way to cause a major delay in the divorce case but it requires a smooth operator and this should be done near the end of the trial just before the arguments: miss one hearing and get a note from the government hospital for that absence and then be friends with someone who runs a clinic and get urself admitted there a day or two before the exparte evidence and get released a couple of days after the judgment and then move to High Court to reopen the case. Be friends with the High Court staff to get long dates but u must successfully and on record make ur wife aware of the High Court proceedings before she remarries. The High Court will take a couple of years to decide the case and then the case will be sent back to the lower court again as long as ur Hospital certificates r legit. If ur medical notes r legit, no judge, I repeat, no judge has the authority to deny u the benefit of a proper trial. The opposite party, in desperate need of divorce, will drive themselves crazy: the wife’s father will resort to alcohol abuse and the 498a lady will resort to abusing her lawyer. To delay the case, u can move the High Court for a lot of other reasons too. And once a proper divorce is granted in the lower court, appeal in the High Court. After wasting atleast two years or more in the High Court, move to SC. The 498a wife will settle the cases, without the blackmail money, way before u reach the SC. She will have her lost-years as alimony.

Thanks, I know a case in which a govt hospital wrote knee replacement to the husband. He missed the dates in court (divorce filed by wife). His wife presented photos of his doing regular activities without trouble. He did not even got the replacement done but of course he has some necrosis in his knees due to which he limps.

 

(1) Can such a husband miss 6-7 dates on a stretch?

 

(2) The husband gave vekelatnama of a friend lawyer on first date. After that he goes alone for next 4-5 dates. Is it necessary to remove that lawyer technically?

To comply with order 9 rule 7 of CPC, it’s enough if a person can reasonably prove that he was very sick on the day of the missed hearing between 9:30am and 4pm or whatever the corresponding Court hours may be. I would not use the excuse like a knee surgery if I was not having a knee surgery. Such a lie can be fatal to the respondent’s defense as he would have a tough time to set aside the exparte proceedings if his lie is caught. In life in general, it is not advisable to lie more than it is necessary because the truth has an uncanny ability to resurface.

 

For ur first question: it’s not possible to miss 6-7 hearing in a row because exparte divorce will be granted on the 2nd missed hearing (Unless the opposite party fails to give their evidence). So never miss more than one hearing in a row. A better solution is to ask for a long date from the judge by proving to the judge that the surgery is scheduled. Prove to him that it’ll take a few weeks to rehabilitate. On the hearing after that, send a proxy along with a doctor’s note to inform the judge that the recovery is taking longer and get another adjournment. The next hearing can be missed. And on the following hearing, appear in-person with a doctor’s note which describes the extreme pain and swelling in the knee on the day of the last hearing. Every absence should have a good excuse and legit paperwork to prove that the respondent was sick enough to not travel.

 

And there r so many other ways to delay the case. So do not overuse the benefit of order 9 rule 7. Although this rule is very beneficial when u need time to think things over and the judge is not granting the time u need. Also, when u r actually in Court asking for an adjournment, always be ready: for example if u r trying to delay filing the written statement, by saying that u need more time because u were at a family funeral for the last two weeks, make sure u have a written statement handy in case u do not get an adjournment: just say it's not my polished work but I'm forced to use it if ur honour can grant me an hour or two to prepare an affidavit and put the stamps on.

 

For the second question: if the respondent wants to frustrate the opponent and halt the case when he is bedridden, he cannot have a lawyer on the record. The whole point of the doctor's note is that the respondent had no way to represent himself when he was sick. Keep the lawyer but let him work behind the scenes. Get the lawyer to give his NOC and file a memo in Court that the lawyer has been relieved of his services due to incompatibility or conflict of interests etc. If the lawyer fails to sign NOC, make an application u/o 3 rule 4 to notify that the respondent is withdrawing the vakaltnama issued to the said lawyer and the respondent will be handling his own case. I cannot see how a judge can refuse such a request. Judges know that such a refusal is almost guaranteed to be overturned in a revision by the High Court and the case will start again from the date where the adverse order was issued with clear directions to the divorce judge to mend his defected order.