DEFAMATION CASE

Defamation case won't give you any relief. The whole back ground is not fit enough for that. You try to get an acquittal from 498A. Settle the matter. Get a divorce and then start to live happily as a good husband.

DearMr. Santosh,

In short what I understand from your case is that your wife though made a complaint against you under section 498 A IPc but did not enter the witness box to support her complaint. In that case, there is a Supreme Court judgment which says that if the complainant does not enter the witness box then his/her story will not be taken as reliable. So there is a way out for you.

Secondly, I would advise you to first get out of Section 498 A (secure your acquittal) then file a case against her for lodging false FIR against you. In that way you may achieve your object which otherwise you will not be able to do through your defamation case against her.

Thanks Suresh for your reply, yes I am agree with you that, to settle this matter and start new life but the question is as husband Am I handicap? She played with me and pushes me in danger zone, I think you can understand our friendly Police and their behavior, loss of 2 year from my life is nothing? Is there any legal way where I can do same with them? She is post graduate and her parents are doctors.

currently she is not attending dates in JMFC and last news I got that she went to High court to get stay for this case as JMFC already rejected her witness and taken decision to move on without complainer then how High court is ready to give "stay" if there is stay then it's easily to any complainer to file the false complaint and go to high court and take stay

High court should ask complainer to go and proceed with case and provide needful evidence

Actually she is buying time up to DEC so she will get divorce and I am trying now to finish this case before DEC.

If my Divorce is done in DEC then do I need to go and attend 498 A dates? she is not wife then, in this case why should I move ahead in 498 A case if I need to do that then is there anything provision to file case against her?

In Your case defamation is not right option.Here you can do one thing if you are willing to fight for your right then you should sue them for launching false fir u/s 158. Which can be easily  done.Here you can ask for compensation for harassing mentally and physically.

When you are acquitted you can file a case for malacious prosecution against her.

Strategically it is better to wait till the outcome of the 498 A case. In case 498 A case is decided in your favour then you will have a court verdict in your favour to prove your point. In case you file a case against her for melicious prosecution now, she is certainly going to get the issues on which you will be filing a case against her and she will cover all those aspects against you in her 498 A case. I hope it is clear to you now as to why we all are advising you to wait till 498 A case is over.

One more question, right now we have already file Mutual divorce and we will get that in Dec 30/09
If I take mutual divorce before 498 A results then am I loosing something for my future malicious prosecution case?
 

No. You will not be losing anything by getting divorce on mutual consent as the grounds for divorce and case for malicious prosecution are different.

 If you want divorce from her then you should go for it. But before getting divorce divorce try to resolve your 498a case also because you told me that your divorce is  mutual. After that only we can go further. So don't forget to resolve this issue.

YASH

Just for curiosity, if I won’t go for my mutual divorce then is it possible to put down divorce once again mutually? Is there any time limit constrain ?
I am asking this because I know I will get my 498 A decision within 2-3 month but meantime there is possibility that I will lose my mutual divorce date and I would like to teach her lesson that launching false criminal complaint is a crime.

Hello All,

my wife taken S.O from High court for 498 case , I know that she cannot fight this case as all her arguments are false, she also miss guide high court and she applied  WP 827/09 in high court with story that there is mutual oral decision has been made between us as to file divorce and she will give me her consent for 498 case, I received noticed from high court but as I am working at pune and case is in Aurangabad high court I ignored that and she came with S.O, can I go high court now , I checked online next date for hearing

do I need to go in high court also or can I ignore it and wait

Sathyama Jayathe ! Innocents will never face any issues. Our great law will protect us. Mera Bharat Mahan !

Having said this (lol .. lmao)

My advice: get a gun / cynide and use it against all their family members not just your better half :).

Take care of evidence:
Phone( simcards registered in dead people's name - destroy sim card after job + even the mobile (because even IMEI no can be tracked) ), if you are using hitmen get them from outside town( north get south south get north),do not show face , get small number of people .. 2 maximum (large groups r not effective)
if you have enough cash pay police and get the job done by them (yep .. :) ), if you are such a cash cow, then do one thing .. get arrested n go to jail and do all the above and below mentioned points from there, after mission is executed + 2 weeks come out n go to a long picnic not with parents (let your parents go alone)

its better to face a murder charges in court than 498a

i will explain how: court is full of corrupt people .. after the murder .. you will be in jail (if chargesheeted - if you dont cover your tracks - if you dont get AB (its easy to get for murder than in 498a :) )) for some time .. if you are such a nut that you have not taken care of above, i suggest surrender in court with media - cry and say that you are being framed and get bail - enquire about the judge and APP - bail will be easy -  then pay some bribe to Additional PP .. he will not oppose bail . once you are out of bail .. then its very easy .. to break the case ..

in jail - eat special food (you have to pay), there will be god fathers - be friendly - but dont be a jerk and start showing off - like dont tell everyone you are Sun tuzu - keep mouth shut and cry (good for your eyes) , stay in addmision ward (not with criminal - there will be brokers - mostly the doctors - they will ask 5000 you say ok - pay in instalments), dont fight with anyone, if your jail has games like carrom play it, listen to other's stories and develop your knowledge - question how they could have escaped, dont do manual job in Jail (even if police hits you - earn respect), speak in english to jail supernindent, and do excercise ( join the long timers - foreign nationals for drugs - they will teach you new techniques in excercising)
- dont drink in jail - sleep properly - smile and be merry - but if attacked (not threatened, but attacked) break the opposite guys head (he should not die though :) ) - you can get hospital for this :) .. - study - think of big thing, real big things, you will be surprised how Jail can teach you - yours is a petty case - but you are in a place better than 1000... IIT/IIMs puttogether - make best use of it .. like I went to the meditation hall too :) !! and argued the concepts the teachers told us in english ; the astronishment of other undertrails was so much - i earned respect - I have been to many countries - seen many great things .. but let me tell you mate, nothing like Jail .. I love Jail :) !! ..

God has choosen you to undergo this training (not punishment) for some purpose - search that purpose.

there are many ways to get out of jail .. medical (giving money to jail people - they will take you to hospital - where you can eat sleep study etc - dont flirt with the nurses .. remember dog :) .. they are there for service not for fun .. they are not 498a wifes )
consult a advocate before and after you do the thing .. and be carefull with the advocate .. he should not blackmail you .. plan everything ..

this route:

no need of divorce - no need to fear or running behind dogs -You dont have to waster n years, get into depression or watch your parents age out and die ..

and during murder case,its you vs police( who dont really care after chargesheet and who are overloaded represented by the Additional PP who is generally corrupt to the core) .. but during 498a its you vs pack of real big dirty dogs( represented by efficient lawyer who will take money from both sides)

P/s: my advice is not logically arranged, not properly worded, i just wrote what came to my mind, hey you are free to ignore it - you have n number of dear advocate friends to advice you -follow them - iam not pro/against anyone advice - i wont debate if anyone contradicts me (no time :( ) !! - Just remember (convict) Rathore is f***king abha rathore in AC room, while you are reading this :) !!