Post 498a and dv

@ Author,

1. What do you mean  'Please note; I have taken MCD in Jan. 2011. ...'  in your brief?

If you already taken MCD then what is point in asking rest of the questions? Nevertheless; 

2. Take on your que. 1 - The Judge while dismissing the complaint case should clearly mention 'false, malicious case' then only one can spend another 6 years or so in “got justice” proceedings. First get above words with well reasoning mentioned by Judge in pending DV case final Judgment.

3. Take on your que. 2 - The Court will direct her to be present on next date of hearing and next date of hearing will be announced. This Order is served via IO. On next date if she is still not filed her appearance then Court issues Order to IO / SHO to find her whereabouts and make her available without fail in Court on next date of hearing. If she is still not filed an appearance oon next hearing date then an NBW is issued to her. The time to process till these stages are almost an year long so wait till these three are done and then come here again on your 7th. year of case proceedings to seek reply on next step that Court will take. 

4. Take on your que. 3 - One more remedy is convincing State's Human Rights Commission to accept your Application and then SHRC sets its wheels in motion if your facts were convincing enough to 3 member body who hears such matters. The 4 remedies you have plans on plus SHRC remedy will take another 5-7 years to yield some result and before that time she will already have filed an SLP before Apex Court and your story will end under Article 142 hammer, believe me when that happens and not now is all I can hint you today. 

5. Take on your que. 4 - By not succumbing to MCD by any name be it even at Apex Court and staying relevant and filing what you have plans to file and following them  diligently come what may come. 

PS:
Be practical. 

Thanks for your reply sir.

 1. If Divorce is granted and they are hell bent to run 498A and DV, and exort money from me, i have no choice other than to contest the case.

2. What if the judge doesnt deliver the judgement as "false & malicious", cant i appeal the same and go for higher courts and prove it as a false and malicious filed with crooked intentions? If the judge is biased and the judgement is given, do you mean to say that the game is over for me?

3. Thanks for info about HRC, will definitely work on that part too..

4. I didnt get your last point sirji, can you please explain it.

Sir, In short, do you wish to advise that, i should accept the verdict given and move on in life? and let the case continue and die its natural death.

@ Author,

1. I can very well understand what you are going through. 

2. Choice is yours where you want your bedroom facts to end in and in return what you 'actually' get out of them when you say SHE is ready for MCD for Rs. 25 Lacs in your brief and previous to it you say we had MCD in Jan. 2011 too!. The parallel fact is, even after spending "precious youth" you manage some favourable judgment from any of the suggested Authorities / Courts what you get out of them or how other victims can use them as each case facts are different? This answer only you can give not me. 

3. I am not defining more my last para as asked by you as its relevance is clouded by your inner judgment!

Hence draw your own conclusion when you have reached 'cross roads' in your bedroom's battle and walk to the bridge which is going to be most peaceful for you. 

[End of further discussion from my side on your brief; others may have their own view which you may seek]

Sir, Tons of Thanks for your concern towards me.

First of all i would like to set things straight, i have already taken divorce from my ex-wife in 2011, without paying any alimony. This was done all of a sudden only to divert my attention and not to file further RTI's and press for action on my TEP against her father. Now as they are not able to fight their no hope case, with not even an iota of truth, they are offering us money to help them to take back the case.

I would also like to inform you, i have not spoilt my life, though i was almost on the verge of it, i came back, started my own consulting firm, happily married with a daughter and 2nd child is to be born in some months from now. My ex-wife doesn't have any chance to trouble me further, nor any chance of harassing me for alimony, maintanance, child visits etc. etc. They are meekly waging a loosing battle and as her father is no more to support them, they just want to come out of the case as safely as possible.Do you think should we pardon them? Are they eligible in any angle to be pardoned? ?If her father had not died, i would have put to some more hardships. Luckily god saved me from all those happenings.

My intention to fight further is not to harm her nor harass her, it is the fight against the system. Even now i have intimated their advocate, that let them appear in the court and say what all that they have lied and has filed false cases with the support of the corrupt officials. As a mark of respect for her who has lived with me for 4.5 years, i dont want her to be harmed, but at the same time, i dont want to have regrets in my life, that i jumped out the case, once i happen to see a golden opportunity. I am not able to explain you over here, the hardships that my age old father went and my brotherinlaw was put into for no fault of theirs, but only just because they are related to me and more importantly the other male members of my family.

With all my family members support and guidance from senior counsels i have managed both my personal and professional way in a good way, but the regret is that,  the heights that i am able to achieve now , should have been 10 years back. But i feel sometimes, life will ruthless for some. But still no regrets, as i have bounced back in front of those who wanted me to be a a looser.

Now after all my explanation to your suggestion, i wish you would suggest me the next legal steps, so that i can proceed furthter. If you are not supporting me in my fight, atleast let me know what all options or actions is required from my side.

But i feel with your vast experience, you can definitely suggest me to fit my situation, though not a lethal one, but useful one for others too....

Sorry for pressurising you sir. 

Dear author,

I appreciate your inner strength to fight against the legal terrorism of india.

After going through your later post it shows that you are well recuperated with the long hicups of marital war. Its good to read that you are now well settled in life with your second wife.

Part 2 story.....

A. If you want to satisfy your intitial 10 years of turmoil which you are alleging today then nobody is going to obstruct you.

B. If you have enough patience and time to again concentrate on your 5-6 years on legal battle without harming your personal life then you have plenty of Ipc sections to use on her.

From my view among those sections defamation will be favourite for you leading to civil as well as criminal combined with huge compensation for the rages and roars which you have faced for her false cases.

C. This above paras will satisfy your inner quest to take the revenge not for you but for millions of harassed victims who has been wrapped by these biased laws.

D. But, someday you will only feel that the lady who is now your ex is helpless and need your forgiveness. And that day your revenge will be called to be an end.

E. Sometimes forgiveness to blacklisted enemy and letting them to live their life without suffering is also known as  complete revenge.

Because , each day they will think about you as how, why and when they have been forgiven by non other than those person to whom they have troubled a lot.

ESIS

On side note;

1. Share your complete MCD Petition minus name of parties r/w Court name.

• I agree with the advice given by Every Sufferer is a savior though I do not share his philosophical outlook. After you forgive your ex-wife, there is no way she is going to be thankful to you for the forgiveness but will instead look at you as someone who gave up. You just need to ignore such thoughts or opinions, of revenge, forgiveness or gratitude from her. But  otherwise, Every Sufferer... is right 100% and I just want to emphasize his views here.
• In Indian Courts cased based upon malicious prosecution, defamation, perjury, etc. will linger for years and by the time the appeals are disposed of, you would have spent a substantial time and resources which could have been spent productively elsewhere. 
• Somewhere along the way, they will also file counter-cases against you just to go on the offensive. And you will have to fight them too, no matter how frivolous they are. (by the way, on the check bouncing case, your best evidence is lack of evidence on their part as to what it was paid for. The "consideration" aspect in any contract. Of course details are needed to give precise advice)
• But if you have a lot of time, like Tajobji for example, then you should get into all kinds of gory details of the past, review MCD petition, find loopholes, and try to give life to a dead monster which was trying to devour you. Is that what you want to do? Focus on your ambitions, new family, kids and the adventure of having your own business and the potential for growth in today's India.
• The energy you have to go to the apex court to set a seminal judgement for other husbands can be channelized in a more definite manner elsewhere because the outcome of the Apex court is unpredictable. Other husbands will find forums such as this where they can get help and some very fine gentlemen and even advocates, including on this forum, who give precise and correct advice.
• So follow Saviour and forget the Pandora's box that Tajobji is trying to open for you.