Pavan Kumar Sandur (others) 30 September 2014
Learned Friends,
1. I applied for RCR in 2009, my wife countered with 498(a) in 2011 against me, my mom and brother-(A1, A2 & A3 respectively)
2. 498(a) was split up as A3 was abroad. Me (A1) and my mom (A2) aquitted in Feb 2013, RCR in my favour in June 2013.
3. A3 split up case quashed by HC in July 2014.
4. Misl First appeal against RCR dismissed by HC.
A3 wants to persue case under 200/500 CPC.
Will this be maintainable?
Please advice.
Sudhir Kumar, Advocate (Advocate) 01 October 2014
maintainability of this case can be commented by reading all the related papers. So consult a lawyer available nearest to you.
Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 02 October 2014
Filing RCR is simplely waste of time and money.
I request you to go through IPC 499 defamation properly with all exceptions written their. If the imputations on the complaint does not fall on there then file criminal defamation U/S 499 IPC read with 500 IPC as a counter case.
Also file Perjury in the same court also very good counter case.
Please read each of my posts carefully in the following links.
https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg
https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg
https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1
Ashok, Advocate (Lawyer at Delhi) 02 October 2014
Offence of perjury or defamation would depend upon the facts of the case. Her case could not succeed and you were acquitted, but was it on merits or on benefit of doubt or on technical grounds? Moreover, whether her complaint was false and has it been proved during trial? You have not mentioned any of these and other relevant facts.
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