Retrospective Clause in DV - Strategy

Well guys the retrospectiveness of DV has been a controversial topic of late. And the law being silent about it, the judiciary uses it to its own whims and fancies most of the times which are biased against men. Alleged acts of violence committed prior to 26th Oct 2006, the day the devilish DV law came in effect, are made part of petition and cases are getting registered.
But retrospectiveness in law is a serious issue and allowing retrospective matters in admittance of cases can have serious implications. As technological advances follows Murphy’s rule, newer dangers are also getting exposed and newer legal provisions can also come into effect. What was legal now can be illegal later, so do we book all those persons who committed a hitherto legal, but hence illegal action deemed as offense? Rationally and logically, No.
Coming back to DV, prior to it being enacted, calling names to wives was not an offense and some husband might have called his wife with some name, either out of love and affection or in a fit of anger, which even the wife must have done. But since DV outlines it as an offense only for the husband, allowing retrospective clause in DV law, all wives can book their husbands under DV and 100 % marriages will break. So retrospective clause is not healthy from a social and a futuristic standpoint of legal consideration.
Again arguing that DV does not attract penal consequences and the same arise only when protection order is violated and that offense will not be retrospective, then it must be remembered that in first place, case should not have registered, so no protection order should have been passed. So no possibility of commission of offense if retrospective clause is not defined for DV. But since the court has allowed it, it is also an equal party to the offense and should share the penalty!!! What an absurdity?
http://judis.nic.in/chennai/qrydisp.asp?tfnm=13665
Hence taking a cue from the above judgment and using the aforesaid logic, we can develop a strong petition to challenge retrospectiveness of DV and challenge any such summons under 397 CrPC and bring the case to a halt.

Also specifically,

DV Cannot be used retrospectively

1)SLP(C) No.25219 of 2004 delivered by the Honorble Supreme Court of India where in it was held Penal Statutes (Acts) which create
new offences are always Prospective

2)1993 Crl.J 2636 delivered by Honorble Allahabad High Court where in it was held the accused was acquitted for the offences
punishable u/s 304B as the dowry death took place prior to the commencement of the act 304B.

Domestic Violence Lanmark Judgements

1) Crl.P 3714 of 2007 delivered by the Hon´ble High Court of Andhra Pradesh where in it was held "It is a fundamental principle of law that any penal provision has no retrospective operation but only prospective. There is no allegation either in the report or in the statement or in the complaint on the 1st Respondent with regards to the acts of domestic violence that took place on or after 26-10-2006.Therefor e continuation of proceedings against the petitioners is nothing but abuse of process of court".

2) I (2008) DMC 1 delivered by the Hon´ble Madhya Pradesh High Court held that "" Complaint for this offence can only be filed against adult male person and further held in 3( C ) that as provided by sec 2(q)of the act, such application u/s 12 of the act can´t be filed against petitioner´s who are ladies ".

3) 2007(2) ALT (Crl.) 504(A.P) delivered by the Hon´ble High Court of Andhra Pradesh where in it was held "as there is no claim made against the other respondents, continuing process against them is a clear abuse of law".

4) I (2007) DMC 1 (SC) = 2007(3) ALT (Crl.) 1(SC) delivered by the Hon´ble Supreme Court of India where in it was held"claim for alternative accommodation can only be made against the husband but not to the In-laws".

Some scenarios & caveats in cases involving two states w.r.t AB & Bail

Some technical issues and redundancy in applying for AB in mumbai is that if at all they want to apply at Mumabi, it will have to be in HC, Mumbai(expensive first of all). Why it has to HC and not any subordinate court(sessions, magistrate etc) , since HC is the only court which is above the bangalore magistrate court even though not directly above, HC mumbai is still hierarchically above the magistrate court , bangalore where the case must be(or is it a district court/JFMC/FMC court etc).

Plus HC mumbai will be(may be) reluctant to give the AB, since even though it has the powers to grant bail(hierarchically) its foot is not so firmly planted jurisdictionally. As it happened in my parent’s bail in Kerala HC(the original case was filed in Mumbai(Mulund Magistrate court)- the other party came with glycerin and women police(from mumbai) and vehemently opposed the AB. The lady(bitch) police(CI rank!) from mumbai was shouting at the HC kerala judge and he was chickening & pissing right there on his high seat. The AB was denied on the grounds that "Mumbai police wants custodial interrogation of the accused seeking AB, and since granting AB will compromise the chances of recovery of the misappropriated property(stridhan)"- we too had 406 on us like Abbas’ has now.

Those being the technical aspects of inter state scenarios like Abbas'(and earlier mine too)

The redundancy is that Transit bails are not granted, more often than not, for periods long enough(in which it can be expected that the regular bail can be obtained at the other state court, in this case, bangalore), and hence it may be required to take another AB in Bangalore, before the regular bail comes up for hearing at the Bangalore court.

So its always better to get the AB from the court where the case is going on(or the sessions court above it, if one suspects collusion at the magistrate court level). But its our natural tendency to be scared about the other parties 'playground', here bangalore, the thoughts of whether they will be able to influence the judge to deny the AB etc. But that’s where the SIF network in bangalore can help , by referring lawyers with irresistible 'face-value'/’currency’ in that particular court where AB is planned to be filed for.

But the chances of an other state HC granting AB, in face of the “jurisdictional dilemma” becomes slim(this dilemma is only in the mind of the judges, and that too if the other party comes to know and opposes in the AB hearing, in collusion with the PP/bangalore Police(both are parties to an AB case, as they represent the State who is the complainant... as in all criminal cases).

I had , I guess, mentioned these points briefly in my telecon with Abbas but just reiterating this for the benefit of others as well. But what I said above is not to be generalised, especially since Mumbai courts/judges are down right consumerists!(money gets whatever u want!). So all said and done u may get a Transit AB valid till the cows come home!, but its ones duty to ensure that the lawyer will deliver on getting enough time validity for the transit AB so that Abbas' family can straight away apply for regular bail at Bangalore(without having to apply for another AB at Bangalore, due to short validity of the transit AB).

If Abbas' case was in Mumbai, I would have taken his parents to the police station one day morning(after a reliable kingpin sets-up the IO and SHO, etc.) and make them present the parents at court by 11am, and get the regular bail itself by 1pm!(setting up the magistrate) - Making the process of ABA itself redundant... but I don’t know whether in Bangalore this is possible and whether we have such kingpins to liaison with the Police and Judge for the "Settings"(as its lovingly referred to in Mumbai).

This may look scary but this is what I had to do for my parents, after their bail got rejected in HC Kerala(since for me, applying for my parent’s AB in HC, mumbai after this was dicy, since both the HCs are in the same level, and one HC won't 'like' to over rule the other(horizontally in level) HCs ABA denial. So my only option was the SC for ABA!!!, where my ex’s Uncle was a top lawyer and who was waiting to pounce on us the moment we approach SC!!!).

This risk is there with Abbas' case too: That’s if he applies in Mumbai HC and it, god forbid, gets rejected, then the Bangalore HC will think twice to give AB, and no lower court(in bangalore) will have the power to grant an AB, which was rejected by an HC(mumbai in this case).

So these are the scenarios in these kind of cases. No hard and fast rules, but these are the general caveats one should be aware of while decision the road ahead in such cases(involving 2 states , like in Abbas’ case)

Regrds
Gokul
PS: Now I have to blog this at http://bok498a.blogspot.com (of course, with personal details blanked out), lest I feel wasted writing so much for benefit of only a few of us.

Virag wrote:
Hi Abbas,

Misuse of 498A is like a disease and is spreading everywhere like a virus. So you are not the only one.There are thousands of families being affected by this.

So gear up to fight this misuse as this is the only way out. First of all, your parents need to file an Anticipatory Bail (AB) in Mumbai and remain in hiding till it is obtained. Gokul, Jinesh, Rakesh in Mumbai can help you in getting AB in mumbai.

The answer to the question, whether AB should be taken in Mumbai or Bangalore is as follows:-

Let your parents take an AB in Mumbai first, they being residents of Mumbai, it will be easy there. As the remote police team (Bangalore) cannot make an arrest without the local team, and the local team will not be able to arrest as your parents have a local AB, so the local team will have to present your parents before the jurisdictional magistrate who will give a Transit Bail for 15 days, within which your parents will need to apply for Regular Bail (RB) in Bangalore.

Once they manage to get the bail, consider yourself as 90 % victorious as the whole drama in a 498a case is around this bail/jail drama only.

About transferring your case to Mumbai, it will be next to impossible for :-

1) You have to go Supreme Court for the same.
2) Criminal cases are not transferred out of jurisdiction until and unless there is a very compelling reason to do so, as the alleged torture has happened at Bangalore, jurisidiction is Bangalore.
3) Expecting transfer of case in 498a at husband's / in - laws' place is not advisable. So do not think on those lines.

Rather than that your case has strong grounds for Quashing, so after you manage to get bail for your parents, prepare for quashing.

Right now, the best thing for you is to have patience, resolve and firm to fight the case and for that you will need knowledge, so

1) Join SaveIndianFamily yahoogroups at

2) Read this properly Survival Kit to 498a

About actions to be taken post bail, we will discuss further, after hearing from you whether you are looking for a quick fix or ready to give a tough fight.

Marking this mail to Arnab who is in US and an active member at Save Indian Family.

All the best.
On Sun, Aug 10, 2008 at 2:10 AM, abbas wrote:
I live in ********. I am originally from Mumbai, India. My wife is from Bangalore, India. She lived with me in India for 3 days in Bangalore, and 6 days in Bombay with me and my family. She left me when I was still in Bombay, and went to Bangalore. I left for the US after 5 more days in Bombay. She claims I hit her and demanded dowry in these 6 days in Bombay. My parents have been implicated too. Arrest warrants have been issued against my father, mother and myself. Police had come from Bangalore to arrest. Luckily my parents were not at home. They are avoiding arrest now by living elsewhere.
I am in the USA, so its not about me. Its about getting my parents out of this. They have to go to Bangalore, where the case is filed. Their family has a very strong presence there. I want to avoid them travelling to Bangalore.

Please help!!

- Abbas




--- On Thu, 8/7/08, Gokul P.R wrote:

> From: Gokul P.R
> Subject: Re: 498a victim
> To: abbas
> Cc: "Virag" , "Binoe Manuel" "Gorky" , "Bharati"
> Date: Thursday, August 7, 2008, 11:27 AM
> Hi Abbas,
>
> I am Ccing this to activists in Bangalore who you can
> call up and take tips about the situation in bangalore, as
> discussed in our telecon. For their info please reply with a
> brief write-up about ur case(about 1/2 a page is enough for
> getting the outline).
>
> I would recommend that you join SIF(saveindianfamily)
> yahoo group: http://groups.yahoo.com/group/saveindianfamily
> , where you can post your specific queries and can expect to
> get replies from the 3300 odd members in this group, who are
> highly passionate about fighting this kind of misuse of law
> and are knowledgeable than even an average advocate. The
> message archives of SIF yahoo group also will be helpful in
> getting more insight to any kind of legal situation that you
> may be in(you can search with Keywords related to your
> case).
>
>
> All the major judgements/citations that you may need is
> here: www.mynation.net and
> http://www.498a.org/forum/viewforum.php?f=16&sid=1592eb0eed276fe804822de5daf4db2a
> .
>
> Refer
> http://ipc498a.wordpress.com/2007/07/01/the-498a-survival-kit/
> to read about how you can fight misuse of 498a.
>
> See the attachment for some links and resources which
> will help you to research solutions yourselves. Also call
> the helpline numbers near to you( given below) and meet the
> local group at their weekly meetings(they have several local
> groups in US too).
>
> In the meanwhile go through some blog posts I had written
> about counter cases and using the Joginder Kumar Vs State of
> UP judgement for getting a fair investigation done in your
> case, as discussed in our telecon.
>
> See:
> http://at498a.blogspot.com/2008/05/impending-498a-send-this.html
> -> This is the petition I had mentioned about in our
> telecon, you can send this to the Commissioner of police,
> Prime Minsiters, Law Minister, etc., keeping the Senior of
> the bangalore and bombay police station and the
> Investigation officer as "Copy to", seeing that u
> have sent your petition to these many higher ups the police
> stations guys will behave, thats the logic(not that these
> higher ups care a damn!)
>
> Also see:
> http://bok498a.blogspot.com/2008/07/post-498a-getting-fair-investigation.html
> ,
> http://bok498a.blogspot.com/2008/07/counter-cases-during-and-after-case.html
> and
> http://bok498a.blogspot.com/2008/06/first-strikers-advantage-live-saving.html
> For Free Advise, Call our help-lines worldwide Help-Line
> Numbers.
> Mumbai: 9869323538, 9821414336, 9224335577, 9820056091
> Nagpur: 9890974788
> Nasik: 9371988132, 9822011250, 9890656219 Pune:
> 9923056460, 9922379103, 9850883751
> Delhi: 9911119113, 9891369616, 9811624141 Calcutta:
> 9231835462, 9830151555, 9830927619
> Kanpur: 9839038424, 9335014984,9935239764 Bangalore:
> 80-65334135, 9845986250
> Jaipur 9352562456 Kerala 9895557765, 9995433034,
> 9995308518 Gujarat 9825365816, 9898989884 U.S.A
> +650-430-9544, +612-812-4340, +917- 512-5362 Kuwait
> +965-3869295
> More helplines at: http://mynation.net/contact-us &
> http://www.savefamily.org/index.php?Itemid=65&option=com_content
> In return we just need to raise your voice in whatever
> way possible so that we can together see the end of this
> legal terrorism in families, which is the real strength of
> India(and may be thats why families are being systematically
> targetted and broken down by vested interests!)
>
> Warm Regards,
>
> Gokul, http://gokul.go.to, 9821414336(Mumbai)
> Editor - www.siftimes.com , Director- www.pifngo.info
> Protect Indian Family: "For Family Harmony.. Against
> Legal Terrorism"
>
>
> abbas wrote: Hello Gokul.
> Thank You so much for your excellent advice. I am under a
> lot of stress currently, and my parents more than me.
> These are the charges against me and my parents:
>
> 498a
> 506tpc
> 406 da act
>
> Thanks again for listening.
>
> - Abbas



--
Thanks & Regards
Virag
Reality is merely an illusion, albeit a very persistent one.
http://www.siftimes.com
http://www.savefamily.org
http://mynation.net
http://legalfighter.blogspot.com/
http://crusader-magicofmind.blogspot.com/
http://crusader-indianjustice.blogspot.com/
http://feministindia.blogspot.com/
http://legalfighter.wordpress.com
http://www.merinews.com/allArticles.do;jsessionid=BD553EEC98EAF167806C6437009FFBE6?choice=ByUser&pageNo=1&userId=crusader

Attempt to frustrate RTI Applicant with bogus replies

More recently, bureaucrats and sarkari babus have found a very unique way to hide their inactions and inefficacies in maintaining organized crime information. An RTI activist from Delhi had filed an RTI application to know the following,
1. Report of cases related to 498A with following details for each police station wise for each district of national capital territory of Delhi from 01-01-2007 to 31-12-2007.

a. FIR no /Other IPC sections included along with 498a
b. Case filed date
c. Brief summary of case
d. Complainant’s name, age, qualification, occupation,
e. Every accused names, age, qualification, residential address, occupation and sex.
f. Arrested (how many days in remand) or Anticipatory bail (session / high court)
g. Current status of the case. If trial completed then names of people got convicted and what is the conviction.
h. If a case if found false in trail or FIR stage, what action was taken against complainant, people/police who filed/helped in filing that case?

2. Statistics of 498A cases with following details in following format in zone/district wise
a. No of 498A cases filed in each zone/district, year wise from year 2005 to till date
b. Total no of 498a cases when daughter in law is alive
c. Total no of 498a cases after death of daughter in law
d. Total No of accused when daughter in law is alive
e. Total No of accused after death of daughter in law
f. Total No of people got arrested
g. Total No of people who got anticipatory bail
h. Total No of accused who are women
i. No of cases found false at FIR stage
j. No of cases found false at Trail stage
k. No of cases got convicted when daughter in law is alive
l. No of cases got convicted after death of daughter in law
m. No of people got convicted (MALE/FEMALE)
n. How many cases are filed under dowry prohibition act 3 for giving dowry

The gist of the reply that the applicant got was something like; The Ministry of Home Affairs divided the task into all the DCPs of the Delhi Region and asked them to reply separately. Each of the DCPs either presented the information in a much distorted form requiring time consuming data analysis and data collation, while others clearly stated that such information is not maintained by them per se and need to personally inspect the records for which the compensation has to be paid by the applicant to the tune of Rs. 24, 332 and Rs. 25, 224 as demanded by 2 of the DCPs which means a total of Rs. 49, 556.
This is atrocious for the following reasons:-
1) Police department is a public department, meant for public service, being funded by the tax payer’s money and RTI Act lays down guidelines for access to public information and has held the government officers accountable for the same to provide info as it is a citizen’s fundamental right. And demanding money for a task which falls within the ambit of police duty from a citizen is sheer insult and lack of recognition of a citizen’s basic rights
2) In light of the information asked, it is very clear that only the records which ought to be maintained by police are being sought for and failure of the police on part of non maintenance of such records only reflects the inefficacies of the police and the police is demanding money to cover its own follies which is nothing less than atrocious.
3) It is a well known fact that IPC 498A (Dowry harassment law) is widely misused to the tune of 98 % and the police is not only well aware of the situation, but is also hand –in – gloves to promote the misuse owing to its own corruption and with these replies, attempting to abstain from giving information and frustrating the applicant, only justifies the role of a corrupt police force in advocating this misuse.

Winning attitudes - Courage & Problem-Solving(Stand up & Fight to finish)

Hi XXXXX,

Whatever happened is for good, whatever is happening is for good, whatever will happen also is for good.

You "WERE" like what you mentioned below, you contacted us, some of us wrote back- all for good.

You have to invoke your survival instincts, thats what Vinayak had tried to catalyse, and thats super good. This group is a bootcamp for 1) learning to use ones own fears to excel 2) to chanelise ones own rage positively and hence to never ever give up and to never die on one's knees 3) to spread the fire of revolution to newbies far and wide 4) to realise ones true calling and to learn the joys in doing so - the way to these achieved are not easy or soft, so don't worry if you get spanked during induction training!- because its all good.

Without u urselves invoking your fighting spirit and problem solving attitude there's nothing we as third parties can do- we can tell u a thousand ideas to crush your aggresor(s) but u wont be able to implement any of these ideas, until such time you STAND UR GROUND & FIGHT(after ackowledging the root causes and contributing factors , in your case these are 'Sadistic' mentality of your wife and you being "too soft" on even your aggresor which is feeding the aggressor's confidence even more). See this video for possible inspiration http://www.youtube.com/watch?v=3koC6v9VHyk .

You may not realise how important it is to first "Pick Yourselves" up and then solve your problem one by one(like you would have done with your Mathematics Question papers).

The best way to get inspired to do all this is to meet the SIF-Chennai group in one of their weekly meetings, contact Girish at 9381026333 or Ramkumar 9941315784 for more information.

I remember a recent Chennai case similar to yours(the case of hubby_in_trouble (at) yahoo.com, copying this mail to him for his inputs on this) was successfully tackled by the group, you could use a similar game plan, customised to the facts of your case.

What I suggested to "hubby_in_trouble" was this -> http://bok498a.blogspot.com/2008/06/first-strikers-advantage-live-saving.html , I guess this will look scary for new members, but as one gains confidence by interacting with the local group, you will do more scarier things than u ever imagined u would.

Warm Regards,

Re: Serious family problem
Posted by: "Rahul Verma"
Sat Aug 2, 2008 6:44 am (PDT)
After Vinayak's reply, there is hardly anything others can add.....
XXXXX - please answer the questions Vinayak asked so that we understand your thinking better
And attend the weekly meetings as pointed out by Girish

----- Original Message ----
From: e_vinayak
To: saveindianfamily@ yahoogroups. com
Sent: Saturday, August 2, 2008 3:29:33 PM
Subject: [SaveIndianFamily] Re: Serious family problem

I generally sympathise a lot with victims

I'm myself am one and so the sympathy I
assume is natural

However I am confounded by some issues here
.... so help me understand

1. Your wife has been working for approx 8
months now...but you do NOT even know where
she works...

...I fully understand that she did
NOT tell you but haven't you engaged a
security agency / detective agency or a
freind who can find out ???

If you can't find out who will ??

2. You say she yells at your mom, she
speaks badly ...bets that your mum will get
out etc etc etc.... There are two extremens
in handling bad behaviour ... (a) giving it
back i.e being bad yourself IF YOU have the
guts and the mental strength or (b) just
ignoring the bad behaviour .... ... but how
do you expect us to react when you say you
are so scared of something that you can't
even tell this bitch to shut up ?????

3. What have you done these 3 years ?? I
mean other than writing this pitiable mail
what have you done ??

4. The reason I am asking all these
questions is because we set up originally to
fight against un some scrupulous police or
some un scrupulous people misusing the
law.... NOW in your case there is NO misuse
of law till date... this is a case of wife
ill treating the hubby and the hubby
wringing his hands in fear NOT knowing what
to do ???

dear ...oh dear.....

I do NOT know how to respond to DAY TO DAY
ill treatment that a MAN is happily (or
sadly) tolerating for 3 years.....

what made me write this is
^^^^^^^^^^^^ ^^^^^^^^^ ^^^^^^^^^ ^^^^^^^^

>Members please help me on how to deal. I do
>not want to leave the child nor my Mom. I
>plan to seperate my mom from the current
>house and

You are SO SCARED that you are asking us IF
your mom can take HER own things and get out
??? GOD ...YOU ARE asking us how to throw
you mum out...????

Some questions
------------ ---------

- are you ready to fight ?????

- Mister ... !!!! ARE YOU READY TO FIGHT
BACK ???? OR ARE YOU EXPECTING SOME MIRACLE
??? or do you plan to run away from this
problem ???

- what is that you want from a SELF HELP
GROUP like us ?? just to tell how to throw
your mum out ????

I'm confounded .....

regards
Vinayak

>Hello Sirs,
>
>I am XXXX from chennai. I got married 3
>yr back. i did not borrow a single pie as
>dowry. Her family members - dad, mom, 1
>younger brother & 1 younger sister. They
>hail from Tuticorin. The Marriage was held
>in Tuticorin. From the day of marriage, my
>wife used to speak sharply, i mean always
>deeply hurt others. After wedding ceremonies
>, she bet my Mom that she would send her Old
>Home center within one year. She started
>hating my mom like anything from day one and
>did many unlikely things. I also counselled
>my wife many times and told my mom is very
>important to me and i am her only son.
>Before proceeding to my problem, i would
>like to tell a few words about my Mom.
>
>My mom struggled to bring me up, with great
>financial difficulty , since my dad died
>when i was 9 yr old. None of her relatives
>supported her and she struggled to get the
>govt. job on compassionate ground, since my
>dad was a govt.employee. She gave good
>schooling, college and all facilities i
>required in my life. Today am in a very gud
>position. My mom is a very sick patient.
>From her early years she struggled for her
>life even with her parents and family before
>marriage. It is after her marriage she feels
>she is better. Her first child (my brother)
>died at an early age and her 3rd child (my
>sister) also died at an early age. I am the
>middle son and I like my mom a lot. She is
>suffering from BP, Sugar, Psoriasis,
>Arthities, Liver Stone, Chest problem etc..
>
>After my Child was Born she and her family
>starting acting entriely aginst us. She want
>my mom to be seperated. She does not do any
>domestic chores. nor she looks after my
>child. She used to beat my child oftenly to
>show her anger against me and my Mom. Till
>last year Nov'07 she was in the house just
>eating wat we cooked and just sleeping. from
>11 am - 5 pm. Even when the child is crying
>for food, she just give some bottle milk and
>make him sleep. Becos of this my child
>health had a serious problem. From Mid of
>Nov'07, she started going to job. She leaves
>my house by 7.30 am and returns at 10.30 pm.
>i do not where she is working nor her salary
>.. but i guess she is working in some tele-
>call centre. Daily she creates problem, i
>means she tortures me and my mom. She wants
>me to sign the divorce paper first, so that
>she can get monetary benefit. She has openly
>told that she needs divorce , till such she
>will torture us. Even her parents also
>supports her activity and she has informed
>her relative about us in negative way.(like
>we donot provide food, dowry torture etc..)
>
>She has gone to the extent of telling that
>she and family has already arranged persons
>/ gundas by paying Rs. 10,000/- to kill me
>and my mom. But she is waiting for my money.
>Me and my mom love the child very much and
>so we are tolerating her activities. We do
>not awnt the child to get affected in any
way.
>
>Members please help me on how to deal. I do
>not want to leave the child nor my Mom. I
>plan to seperate my mom from the current
>house and provide her a peaceful life. Can
>she take her belongings or I think my wife
>create a problem. Request your valuable
>guidance..

Courts ackowledge the evil of Perjury

This post has connection to the post about Counter Cases possible in case of false criminal cases against one(whether the cases against you are still going on, or decided).

*********************Supreme Court Judgement about Perjury in a Rape case**************

REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRL.) NOS. OF 2008
(CRIMINAL MISC. PETITION NOS.8515-8516 OF 2008)



Mahila Vinod Kumar i .....

Petitioner

Versus

State of Madhya Pradesh .....Respondent

JUDGMENT

Dr. ARIJIT PASAYAT, J.



1. Heard learned counsel for the petitioner.

2. Delay condoned.

3. Though, we are not inclined to entertain the special leave petitions, but we find that there is a need for expressing views on action to be taken for maliciously setting law into motion.

4. The petitioner lodged a report against two persons at Pichhore Police Station to the effect that on 28.1.1993 between 6.00 to 7.00 a.m. she was waylaid by them who dragged her and committed rape on her, one after another. She claimed to have narrated the incident to her father and uncle and, thereafter lodged the report at the police station. On the basis of the report, matter was investigated. The accused persons were arrested. Charge-sheet was filed. The accused persons faced trial for alleged commission of offence punishable under Section 376(2)(g) of the Indian Penal Code, 1860 (in short `the IPC'). The accused persons abjured their guilt. During trial, the petitioner stated that she had actually not been raped. As she resiled from the statement made during investigation, she was permitted to be cross-examined by the prosecution. She even denied to have lodged the first information report (Exh.P-1) and to have given any statement to the police (Exh.P-2). In view of the statement of the petitioner, the two accused persons were acquitted by judgment dated 28.11.2001. The Trial Court found that the petitioner had tendered false evidence and had fabricated evidence against the accused persons with the intention that
such evidence shall be used in the proceedings, and, therefore, directed cognizance in terms of Section 344 of the Code of Criminal Procedure, 1973 (in short `the Code') to be taken against the petitioner. A show-cause notice was issued and the case was registered against the petitioner who filed reply to the effect that being an illiterate lady, she had committed the mistake and may be excused. The Trial Court found that the petitioner admitted her guilt that she had lodged false report of rape against the accused. She was, accordingly, sentenced to undergo three months' simple imprisonment. Aggrieved by the order, the petitioner filed an appeal before the Madhya Pradesh High Court, which, by the impugned order, was dismissed.



5. Stand before the High Court was that being an illiterate

lady, she does not understand law and the particulars of the

offence were not explained to her and, therefore, the appeal

should be allowed. This was opposed by the State on the

ground that the petitioner had admitted her guilt before the

Trial Court and, therefore, the conviction is well founded. The

High Court perused the records of the Trial Court and found

that in the show-cause reply she had admitted that she had

told lies all through. The stand that the particulars of the

offence were not explained to her, was found to be equally

untenable, because in the show-cause notice issued, relevant

details were given. In the first information report, and the

statement recorded by the police, she had clearly stated that

she was raped by the accused persons. But in Court she

denied to have stated so. Learned counsel for the petitioner

submitted that the Court imposed 15 days' simple

imprisonment which is harsh. But that is not the end of the

matter. The petitioner filed an application before the High

Court stating that a wrong statement was made before the

High Court that she had already suffered custody for 15 days,

which weighed with the High Court to reduce the sentence.



6. Learned counsel for the petitioner stated that being a girl

of tender age, she was pressurized by her mother and uncle to


give a false report. This is at variance with the statement

made in court during trial to the effect that she had not

reported anything to the police. It is a settled position in law

that so far as sexual offences are concerned, sanctity is

attached to the statement of a victim. This Court, has, in

several cases, held that the evidence of the prosecutrix alone

is sufficient for the purpose of conviction if it is found to be

reliable, cogent and credible. In the present case, on the basis

of the allegations made by the petitioner, two persons were

arrested and had to face trial and suffered the ignominy of

being involved in a serious offence like rape. Their acquittal,

may, to a certain extent, have washed away the stigma, but

that is not enough. The purpose of enacting Section 344,

Cr.P.C. corresponding to Section 479-A of the Code of

Criminal Procedure, 1898 (hereinafter referred to as `the Old

Code') appears to be further arm the Court with a weapon to

deal with more flagrant cases and not to take away the

weapon already in its possession. The object of the legislature

underlying enactment of the provision is that the evil of

perjury and fabrication of evidence has to be eradicated and

can be better achieved now as it is open to the courts to take

recourse to Section 340(1) (corresponding to Section 476 of

the Old Code) in cases in which they are failed to take action

under Section 344 Cr.P.C.



7. This section introduces an additional alternative

procedure to punish perjury by the very Court before which it

is committed in place of old Section 479 A which did not have

the desired effect to eradicate the evils of perjury. The salient

features of this new provision are:

(1) Special powers have been conferred on two specified

Courts, namely Court of Session and Magistrate of the

First Class, to take cognizance of an offence of perjury

committed by a witness in a proceeding before it instead

of filing a complaint before a Magistrate and try and

punish the offender by following the procedure of

summary trials. For summary trial, see Ch. 21.



(2) This power is to be exercised after having the matter

considered by the Court only at the time of delivery of the

judgment or final order.

(3) The offender shall be given a reasonable opportunity of

showing cause before he is punished.

(4) The maximum sentence that may be imposed is 3

month's imprisonment or a fine up to Rs.500 or both.

(5) The order of the Court is appealable (vide S. 351).

(6) The procedure in this section is an alternative to one

under Sections 340-343. The Court has been given an

option to proceed to punish summarily under this

section or to resort to ordinary procedure by way of

complaint under Section 340 so that, as for instance,

where the Court is of opinion that perjury committed is

likely to raise complicated questions or deserves more

severe punishment than that permitted under this

section or the case is otherwise of such a nature or for

some reasons considered to be such that the case should

be disposed of under the ordinary procedure which
would be more appropriate, the Court may chose to do so

[vide sub-section (3)].

(7) Further proceedings of any trial initiated under this

section shall be stayed and thus, any sentence imposed

shall also not be executed until the disposal of an appeal

or revision against the judgment or order in the main

proceedings in which the witness gave perjured evidence

or fabricated false evidence [vide sub-section (4)].




8. For exercising the powers under the section the Court at

the time of delivery of judgment or final order must at the first

instance express an opinion to the effect that the witness

before it has either intentionally given false evidence or

fabricated such evidence. The second condition is that the

Court must come to the conclusion that in the interests of

justice the witness concerned should be punished summarily

by it for the offence which appears to have been committed by

the witness. And the third condition is that
before

commencing the summary trial for punishment the witness

must be given reasonable opportunity of showing cause why

he should not be so punished. All these conditions arc

mandatory. [See Narayanswamy v. State of Muharashtra,

(1971) 2 SCC 182].



9. The object of the provision is to deal with the evil perjury

in a summary way.



10. The evil of perjury has assumed alarming propositions in

cases depending on oral evidence and in order to deal with the

menace effectively it is desirable for the courts to use the

provision more effectively and frequently than it is presently

done.



11. In the case at hand, the court has rightly taken action

and we find nothing infirm in the order of the Trial Court and

the High Court to warrant interference. The special leave

petitions are, accordingly dismissed.





................................J.
(Dr. ARIJIT PASAYAT)



................................J.
(P. SATHASIVAM)
New Delhi:
July 11, 2008

Counter cases during and after the case against one

And here comes the mother of all 'Cracks' for this bar of 195 Cr.PC , see below the links for the landmark judgement of Marwah Vs Marwah(Citation 2005 (4) SCC 370), I have used this in my counter cases(under sections 209, 211, 195, 197, 460, 463, and whatnot, even I lost count). Download this judgement here.

See a post explaining all this: http://bok498a.blogspot.com/2007/05/arrive-with-guns-blazing-counters-quash.html , actually sit and read the whole blog as I suggested initially :), it will serve u good, take my word on it. See my case details and the killer thoughts behind planning a counter-offensive(our military bretheren must be keen on knowing these counter-surveilance mode thoughts) at http://f1.grp.yahoofs.com/v1/wPl1SANrqCIhMSTl0U7w520JpBhhfMhdPUY1lvs3qyneu0J04Xsc7h2Aox4lpxErTKuroEt2HHsw2lfDZTUAAw/Counter%20Charge%20498a.pdf (also attached, this is an ealrier version so it has some factual errors, like the explanation of Cr.PC 340, is wrongly refering to that of IPC 340, will correct it soon and re-upload/blog for posterity)

For Dowry Prohibition section, 3(giving dowry being punishable) please see the following links


Nyayayodha's blog

Following is the link for section for tortured husbands(needs you to register in this site and be logged in) :-

http://www.ghrs.in/index.php?option=com_content&task=category&sectionid=21&id=35&Itemid=117

Following is the link to Sample DP3 application :

http://www.ghrs.in/index.php?option=com_content&task=view&id=95&Itemid=154

******
Hi Gokul ji,

I was just reading CrPC-Section 195 and it says that

"No court shall take cognizance - Of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any court"

Thanks & Regards
Jaspreet Singh

On 7/10/08, Gokul P.R wrote:
I am mentioning below some IPC sections which can be generally used to file cases against the wife's side. The is RIPE NOW, GO FOR IT. When u r planning for counter offenses, read the posts in http://bok498a.blogspot.com/ which gives u pragmatic insights to dealing with court system, advocates and the Police, theory may not work, but insights coupled with consultations will.

S.191 :Giving false evidence+ S.340(1) of CrPC for Perjury @ Family/Magistrate Court
matter
S.209 : Dishonest claim
S.211 : False charge of offence made with intent to injure
S.306 : Abetment of Suicide
S.361 : For child - Kidnapping from lawful guardianship
S.378,380,381,382 :Theft
S.383 : Extortion
S.402 : Dacoity (Cognisable, Non-bailable and Non-compundable- just like 498a :)
S.406 : Criminal Breach of Trust
S.463 : Forgery
S.499: Defamation
S.506&507: Criminal Intimidation
Sections which u can check with ur advocate(I dont remember the IPC section offhand for these crimes) - Threatening, Abbetment of crime, these may be referring to a period before even your wife filed cases against you.

Some other sections of IPC helpful for husband side:
182 False information, with intent to cause public servant to use his lawful power to the injury of another person
191 Giving false evidence
192 Fabricating false evidence
195A Threatening any person to
give false evidence
196 Using evidence known to be false
197 Issuing or signing false certificate
198 Using as true a certificate known to be false
199 False statement made in declaration which is by law
receivable as evidence
200 Using as true such declaration knowing it to be false
201 Causing disappearance of evidence of offence, or
giving false information to screen offender
202 Intentional omission to give information of offence by person bound to inform
203 Giving false information respecting an offence commited
204 destruction of document to prevent its production as evidence
205 False personation for purpose of act or proceeding in suit or prosecution there are
more


Regards
Gokul

Buddy Aa wrote: Hello All,

i am working in Indian Army and my brother has been harassed by 498a .

After getting b-report/final report in the charge sheet can put
counter cases like miss use of 498a ...?

1. Is this right time (after B-Report) to put counter cases of miss
use of 498a? or its too late now ?

2. Defamation case ?

3.182 IPC ?

Please list all the counter cases for 498a and relevent cases .

Also I would like to know all these counter cases are civil/criminal ?
Please give me some more details how register all these cases and
what needs to prepared ,i don't want to put any false cases and then put myself in trouble......if any one has done this please share
experiences. .....etc

I don't want to teach a lesson to 498a wife, I would like to seek for
justice and fair for my brother who have been legally terrorised by 498a
and 498a wife.....Etc

Please send me the quite capable with very good reputation advocate in Hyderabad.

Please help

regards,
Buddy

Post-498a- Getting a fair investigation done!

To get police to do a fair investigation is a very crucial step to have a chance of getting a B-report(clean chit) from the police(like in Prashant's case: http://ipc498a.wordpress.com/2008/06/07/investigative-excellence-the-closing-of-the-498a-case-against-actor-prashant ).

Do not think its rare so unworthy trying for, only if more and more people pursue and attain this, will the system as a whole get cleansed. So try it with all your might, if not a B-report the chargesheet will be full of investigative points favourable to you, which is good enough to get clean in court and then book the law miusers in court.

But approaching HC for getting fair investigation alone could be avoided if people are aware of some effective alternatives which were discussed in this forum some time back. The discussions earlier were about submitting evidences and investigation points(possible witnesses, facts, etc., which if investigated will be in favour of the accused) from the accused side.

The accused have to submit these evidences, etc. to the investigation officer(Copy to higher police officials, to keep up the pressure and to ensure a supervised process) and get an ackowledgement copy of these submissions.

The judgement mentioned in the post below(of Madhya Pradesh High Court about evidences provided by accused has to be incorporated in the chargesheet/final report the police submits to the court)also should be cited along with the evidences submitted by the accused for additonal pressure on the police to comply and do a fair investigation.

If and when the chargesheet is submitted to the court without incorporating the findings of such investigations(As pointed out by the submissions of accused), the accused should point out this descrepancy to the court/higher police officials and the court/higher police officials in turn can order the police to further investigate in the line of the submitted facts/investigation points by accused.

This procedure is desirable than a long drawn 482 proceeding(for just getting a fair investigation done) , which should be attempted only as a last refuge(after doing the above said procedures).

This should be our next action point since pre-498a scenario is now controllable with the delhi/hyderabad police circulars and the latest chennai HC guidelines(http://at498a.blogspot.com/2008/04/arrest-guidelines-in-case-of.html)

Now we have to find that judgement, so that it can be attached to the submissions which an accused can give the police station, higher-ups, courts etc.

Lets make this system water tight from all sides possible.

The next step is to get the courts to conduct cases in a timely and effective manner, some study of the court system(processes involved : cradle to grave of a any case) is needed. After which we can volunteer as NGOs for implementing the findings of the study( to make the system and its processes optimum and effective). We had thought of video conferencing and confirmation of date by mobile/sms etc as some avenues of making the system effective- this is the need of the hour, since the pain after bail is of the futility and drudgery of courts!.

We need to do a System overhaul... if not we, who else?!, if not for our children... .


--- In saveindianfamily@yahoogroups.com, its your guy wrote:

Section 482 can be used for purposes more than just quashing. 482 section is a
vast section which gives immense powers to the HC and many things can be done
through this section apart from quashing.

In a Petition u/s 482 for Fair Investigation and quashing filled by accused
husband the Madhya Pradesh High Court has ordered the Police to consider all the
doccuments provided by the accussed to the Police in his defense and to make all
these doccuments a part of the challan/charge sheet even though the
challan/charge sheet was already filled by the police without these doccuments.
The doccuments provided by the husband were Photographs of happy married life,
his earlier police complaints regarding threats of false cases, telephone
conversations of his wife, and many other bills and doccuments which proved his
innocence and also disproved the allegations by the wife..

This is a landmark case and all 498A guys should approach the Police and then
the high court demanding FAIR INVESTIGATION u/s 482. Demand for justice/ fair
investigation should be put up before the Police before they File the charge
sheet.

Regards

First striker's advantage- A live saving option

If we leave our inhibitions and only go by survivalinstincts- we will strike first(when we are under threat of a false case by the wife's side), but alas we are prisoners of our ownshackles(inhibitions, emotions, etc.).

Its not easy to strike first- my family did not strike first since wealso thought "How can a girl's family ruin the girl's marriage byfiling false cases on husband&family". That too when the girls own relative(who knew their mentality too well, and could see the falsecases coming) actually hinted us to strike first, but at that point we never thought it was actually a life saving hint.But after experiencing these things for the last 5 years personallyand through others cases, I really believe that striking first is one of the most fruitful actions, if the situation and capability of the victim warrants it.

I have seen this strategy winning hands down in 2cases which I know closely.Now what else do we want other than the clarity of mind!. When one issure that its a war looming over, one has to break the shackles ofemotions and fight single-mindedly- for the WIN. Of course there areother ways of peace, try them if they apply to your situation.

I just felt that its time for this strategy to become open(let all pre-498a try it), what better way to introduce it in yahoo group. But the tragedy is that even then very less number of people will trythis sure-shot strategy(because of fear, forgiveness, wait&watchpropensity, etc.). At the same time shrewd guys from the oppositecamp will take note. Its always a trade-off isn't it, like life.

I am of the belief that we should flood the courts with firststrikes, this should not remain a phone line secret anymore. This kind of extremism is now warranted since normal defence is not working(will yield only years of painful defence). Last but not the least:this is not a secret for legally aware persons, for them its thefirst option :) . So let there be fire-works, we need all pre-498aguys to think on this lines, fire at will.All helplines to take note too. If in pre-498a, let them strike first.

So I would recommend a counter offensive stretegy, if a first strike is suitable in case of any pre-498a case(using IPC 503, 389, , 341, etc as the case may be. Refer Indian Penal Code sections at : http://www.vakilno1.com/bareacts/IndianPenalCode/indianpenalcode.htm )

regards
Gokul

--- In saveindianfamily@yahoogroups.com, Virag wrote:>>
Agreed, Offense is the best form of defense, but there is a majorrisk> involved here. The question that comes here is, "If I initiatelegal action,> they will definitely file 498A" and normally everyone wants toavoid legal> hassles as far as possible until it hits them.>> And this mindset only has allowed the misuse to grow.>> But what people fail to realize is that a 498a type girl willanyways file a> 498a and in that case, the first legal action by the husband willdefinitely> help.
--- In saveindianfamily@yahoogroups.com, Gokul wrote:>> Hi HubbyinTrouble, As we discussed in our telecon, take the first striker's advantage if you are upto it(I have not seen people who are willing to take this risk, but I see that in you, so my advise is nothing else but GO FOR THE KILL). This is not a impetuous advise as some may think, this is the method which I have seen working in 2 of the cases, where the girls side had to run with their pants down Of course one should do an analysis of the competition, if they are advocates and love fighting cases, and thrives on them, then u may have to rethink - but an average greedy girl's family will be crushed with the kind of evidences Hubby in Trouble has with the use of IPC 503(Criminal Intimidation) and 389(Extortion threat) + whatever IPC sections applicable in one's case(hubby in trouble has a chance to use manhandling too, from what he told me). This coupled with some more finer points which we can discuss over phone will brighten your chances of sending the opposote party packing. Discuss this with Suresh too for his inputs. So if one has the situation like this and can take the risk of being the first to reach the court, the chances for him is better(conditions as above). This is a classic case of "Offence in the best Defense" . This should be the new option which has to be emphasised when counselling pre-498a members - GO FOR THE KILL(if the person is willing, and situation permitting) Warm Regards,
Gokul, http://gokul.go.to, 9821414336(Mumbai)Editor - www.siftimes.com , Director- www.pifngo.infoProtect Indian Family: "For Family Harmony.. Against Legal Terrorism" Re: My Wife Called Me Yesterday and Threatened Me & My Mother!!! Posted by: "r_agr1" r_agr1@yahoo.com r_agr1 Sat Jun 14, 2008 4:33 am (PDT) Once she files a 498a case. Take a anticapatory bail and then file a private complain under IPC 503, 389.For criminal intimidation.Don't do it right now . Keep your mouth shut. other wise she will be too severe on her complain accuse of physical assault. Keep on gather evidences.RegardsRahul
--- In saveindianfamily@ yahoogroups. com, "bharati8000" wrote:>>
we had raised this issue times and again to helpage that dowry laws > are being used as an abusive tool and they should raise their voice > aainst it as even per WHO elder abuse is happening due to the 498a > laws > > Helpage are the one who run elders helpline in police station and > She can contact the helpline in the police station run by her own > organisation.> My mohter had absolutely no help from them . See if you mother can > get better help from helpage. > >

--- In saveindianfamily@ yahoogroups. com, "hubby_in_trouble" > wrote:> >> >
I had taken advise of all my SIFF brothers and sent an RTI to theGovernment Housing Board asking for all details of the propertywhich has been built through my funds from my NRI account by mywife. My wife on several occasions had declined to show me anypapers regarding this house and loan ammount she was paying statingthat she has all rights over my monies and as a wife she need nothave to me accounts of the same. Therefore I sent RTI to the housingboard last week asking for details.

Yesterday she called me and threatened me on my phone of direconsequences and also threatened that she will put my mother and mein jail. She used all sort of foul language and she talked for morethan 8 mits. I was very calm during this entire episode and kept mycool. The whole conversation is on tape now.

Now how to safe guard my mother who is a paralysis patient on theroad to recovery, who is 72 years of age, who is well placed insociety as a Senior Citizen, who is a active social worker andhonaarary secretary to a Orphanange, who is a Adhikari at DignityFoundation for Senior Citizen, who is also a Secretatry for Old AgeHome. CAN I APPLY FOR A AB WITH THIS RECORD????? PLEASE HELP ME BYANSWERING THIS.AFTER SAFEGUARDING MY MOTHER, PLEASE SEND SUGGESTIONS AS TO HOW TOPROCEEDE FURTHER. I WANT TO STRIKE HER BEFORE SHE HITS ME AND I WANTTO DO THIS WHEN THE IRON IS HOT.

FOR ONCE LET THE HUSBAND START THE SHOW ON A FALSE WIFE!!!! PLEASEADVISE!!!!

Can I put a counter charge using 156 Sec 3 of CrPc??? Can I file anFIR on Criminal Intimidation under the IPC????? At least this way Ican make her run from Pillar to Post before she can even think ofwhat hit her.Please advise.If she files on a later stage can I counter it under section 482,her FIR saying that it is a counter blast to my RTI which has puther in a tight position????? Please advise as to what steps should Itake now to do this?????? A 498a member on the forum enlightented meon this issue. I would appreciate if other members can send thierviews urgently to my email ID hubby_in_trouble

Using Adultery law for winning 498a case

Adultery case against your wife's paramour will work, but there are some loopholes in the Adultery law in this regards(which was used by Sanjay Dutt recently, when his partner Manyata's husband alleged crime of Adultery against Sanjay dutt, claiming that manyata is still married to him- the first husband).

See the written law below(see a related post here http://bok498a.blogspot.com/2006/08/impossible-is-nothing-dont-let-your.html).

*****************

Section 497. Adultery: http://www.vakilno1.com/bareacts/IndianPenalCode/S497.htm

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rap, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall be punishable as an abettor.

******************

So if the paramour claims that he did not know that she is married he could escape from the purview of the law(like Sanjay Dutt did).

So in this context you need to properly frame the paramour and get him commit somewhere that he knows she is married to you, and then go to court with this evidence with you.

As such this allegation of adultery has been found successful in cases were the paramour has some degree of influence on the girl/girls family. When the paramour is cornered he will naturally influence the girl/family to ease you out of the 498a, so that you in turn return the favour and helps him out of the mess.

Witnesses and photos are enough to get your adultery case admitted in the case and that whats sufficient(who cares about winning a case after 10 years of litigation!). More , if needed, on phone

Warm Regards, Gokul, http://gokul.go.to/,

9821414336(Mumbai)

Editor - http://www.siftimes.com/ , Director- http://www.pifngo.info/

Protect Indian Family: "For Family Harmony.. Against Legal Terrorism"

--- In saveindianfamily@yahoogroups.com, "ksdvali" wrote:>>

Hi,> > location is kadapa, AP. If any local activists from here plz > send mail. what kind of charges we can place on her BF. Is it a civil > or criminal crime. My intention is not sue wife for adultery/divorce. > But to sue the BF for indulging in adultery supported by wife and her > relatives. > >

rgds,> KSD> > >

--- In saveindianfamily@yahoogroups.com, Rahul Verma > wrote:> >> > yes, of course u can file adultery case on her BF.> > in fact u can file adultery only on the guy bec adultery is the > birth right of indian woman. it is not a crime for an indian married > woman to sleep around, but her boyfriend can be in serious trouble > > you can get a divorce on grounds of adultery but u cant sue ur wife > for adultery, though if u sue the bf she comes under pressure too, > and the idea is to build an attack from multiple sides.> > abt the lawyer, which city are u in? have u met the local sif > activists> > > > > >

----- Original Message ----> > From: ksdvali > > To: saveindianfamily@yahoogroups.com> > Sent: Tuesday, June 17, 2008 2:07:50 PM> >

Subject: [SaveIndianFamily] Price of adultery> > > > > >

Hi to all memebers,> > > >

Can we file adultery case on the wifes BOYFRIEND directly when > > have some evidences (some photoes & witnesses). The wife has filed > 498a > > Case recently when asked to change her behaviour. > > > > If yes, May i know the name of law name & number. if possible send > some > > sample documents.> > > > Urgent reply required.> > > > THanks in advance.> > > > regards,> > KSD

Tips for getting a Speedy Trial, RCN, Look Out Notice

You can file a writ in High court for Speedy trial(writ of mandamus: on which the High Court can instruct the lower court to finish the case trials within 2 months or some such specific time period), citing the instances of delay, caused by complainant(witness), by other reasons(submit certified copies of your court's Roznama for making these facts evident). Also see http://groups.yahoo.com/group/saveindianfamily/message/88665 and http://ipc498a.wordpress.com/2007/04/10/right-to-speedy-trial-is-a-fundamental-right-sc

Actually you can ask for quashing of the case itself(instead of Writ of Mandumus) in the written prayer,though you lawyer can ask the judge for Speedy trial verbally, if quash is not viable in your case.

If the complainant witness(Wife) persistantly absents herself, give written applications each time she remains absent asking the court to insist the complainant to be present for the next hearing(the court will tell the advocate and get his verbal undertaking, and record the same in roznama), after two applications like this in two different dates, put an application for issuing of bailable warrant since she has not obeyed the court's instructions for which her advocate had given a verbal undertaking/assurance, in next hearing if the complainant is still absent , put an application for non bailable warrant.

The next procedure before you can apply for a quash on the grounds of non-appearance by complainant would be to issue a public notice by way of news paper advertisement(this is not mandatory, but this step will stengthen your quash case)

Finally apply for quash if she still doesnt turn up. All the proceedings which happens during the day of court hearing will be recorded in the Roznama, so get all concerned certified copies of roznama and use it in your Quash or Writ of Mandumus in the Highcourt.
__________If the Complainant-Witness(Wife/ex-wife) is an NRI____________

In parallel to this, after she doesnt turn up after Non bailable warrants too, push the police to issue 'Look Out' Notice for ex-wife(which will ensure her arrest the moment she passes through the immigration terminals of an Indian Airport), then start process for getting Red Alert notice(RCN) to be issued by interpol, with this RCN you can approach UK court and get her side weak too. For RCN process u have to get in touch with SIF-US guys, especially Bala Golds who recently had wrote about an RCN related issue( this was with respect to saving one self from RCN, so this is the flip side of RCN strategy!) in the group: http://groups.yahoo.com/group/saveindianfamily/message/87288.

Legal Position of Bigamy-Adultery Vs 498a Situation: Further explained

Hi Abhi,

If u have taken enough precautions while getting into the 2nd innings, this may help you to get divorce and closure of 498a. Since the 1st will see the vanity in pursuing the cases(if u haven't left any ammunition for her to take up against bigamy- basically leaving proof of 2nd marriage for the 1st to use against you). The 1st could still try poking you with cases of adultery and bigamy but those don't have legal validity(as explained in http://bok498a.blogspot.com/2006/08/impossible-is-nothing-dont-let-your.html )

I would have been in your place but the 1st wife quickly realised that its waste of time not giving me divorce since I had made my 2nd inning plan public, and I got a mutual consented divorce the very next hearing(the divorce case had been dragging for 2+ years till then). The only differences between urs and mine might be that you are in US Iam here, plus the counter cases against them had put them in a tigh spot(they were trying to please me by facilitating a quick 'free' divorce, hoping that I compromised on the counter cases later- which I didnt).

I won't say that this strategy is fool-proof, it could well back fire if the girls family decides to rake up issues by...(let me not give spies in this group some direct ideas). You can see that this strategy is not a one-off thing, when you look at Telugu star Pawan Kalyan's unofficial second marriage, the 1st wife has been unable to hurt him using bigamy, etc.

The moral is that informed risks have a better probability to payback, but the risk takers should be ready to get their hands dirty if they are dragged into another round of court cases. In ur case u r in US, as u correctly gauged "There should be a reason for a Man to come back from US...don't you guyz think so--- "

"Sometimes" 2nd marriages can be more 'strategic' than 'needed/desired' :), even if one is in India. All the best, don't worry life is anyway a battle field, a couple of battles this way or that way shouldn't bother anyone - just do Karma, without seeking the fruits.

regards
Gokul

Re: I got married for the second time........
Posted by: "sureshram" Wed Apr 30, 2008 8:30 pm (PDT)
All the Best.You know there were some of our other members who use go to family court along with the new Women. If fact some got her introduced to the 498a girl.It is the best stratagy to combat 498a girls.I think you have guts and your parents are practical

Wish all the best. Great man

--- In saveindianfamily@ yahoogroups. com, Abhi wrote:

Today..........With my 498A still in the Court.......And with out a Divorce!!Would see if my First Wife(Wolf) can do anything about it!!There should be a reason for a Man to come back from US...don't you guyz thinkso

---Now--my Lawyer is saying that even my 498A will come to an end after the Witch knows about this---the same guy was trying to stop me from getting into thismarriage a week earlier.....I am so sure that even the Witch will come to understand that she has lost forever and ever after this!!
Guyz--Please wish me good luck with my new Wife and Life!!God Bless!!

Actions against Banking Privacy Violation(Misuse of ICICI bank a/c salary statement)

Hi Aakash,

In doing all this , if the other party is pressurised to compromise with you(out of fear) thats enough for you. The Authorities may or may not take action, but if the opposite party perceives fear, thats what you want, and thats what will help u.

Its not whether there will be real action taken against them, its what they perceive, so play with fear factor- the ones who err will have worst fears, so do whats suitable to you. A similar post is here: http://bok498a.blogspot.com/2006/08/post-498a-scenario-when-passport-is.html

This is a mental tug of war, the moment the other party weakens u have to pull them in. This is the way these wars are won - in the Mind!.

regards

Gokul
--- Rahul wrote:
>
> hi aakash,
>
> to the best of my knowledge, its best just to ignore this and concentrate ur energy on other things.
>
> personally i think privacy laws in india are just a hoax and it shall be difficult to find competent lawyers etc to take this matter to its justified end.
>
> none of the people i know had much luck with such cases
>

----- Original Message -----
From: Gokul.P.R
To: aakash
Cc: SIF-Mynation ; SIF
Sent: Saturday, April 12, 2008 11:59 AM
Subject: Misuse of ICICI bank a/c salary statement


Hi Aakash,

The same thing happened in Guptajis case and he has done a lot of counter measures including complaining in Cyber Cell(for which the police had contacted & taken his statement), presented this gross misuse in our last press conference in Mumbai, faxed the details as a separate press release to media houses, etc. Where are you located?.

I am marking a copy of this mail to Guptaji(he may prefer only email communication since he is busy in exam preparations, so I am not giving you his phone numbers for now) so that u both can join and plan out something in this regard.

See my inputs in CAPS between your queries below.

Warm Regards,

Gokul, http://gokul.go.to, 9821414336(Mumbai)
Editor - www.siftimes.com , Director- www.pifngo.info
Protect Indian Family: "For Family Harmony.. Against Legal Terrorism"
**************************
Misuse of ICICI bank a/c salary statement
Posted by: "aakash"
Fri Apr 11, 2008 8:25 pm (PDT)
> Hi All,
>
> In S125 maintenance case , my wife has submitted my
> salary a/c quarterly bank statement to show my
> salary in court.As the Bank is ICICI and is a
Centralised Bank , so my FIL through his contacts( in
Bilaspur)has managed to get this bank statement
through
> unofficial means which i believe is a crime.
>
> Now i have following queries
> ============ ========= =========
> 1) Can i file a case/complaint against my FIL/wife
> for getting the bank statement unofficially without
any application and my permission etc. I believe bank
> details n statements are private security issue.



CYBER CELL COMPLAINT AGAINST VIOLATION OF PRIVACY(BANKING CUSTOMER, IN FACT THERE IS A BANKING RULE WHICH PROTECT THIS PRIVACY). SEPARATE CRIMINAL CASE IN COURT FOR THIS COULD BE THOUGHT TOO UNDER BANKING LAWS OR APPROPRIATE IPC SECTIONS(CONSULT UR LAWYER)
>
> 2) How to take this matter with ICICI bank.Are not
> they responsible for securing the data of
> individuals?

YES THEY ARE WRONG IN GIVING OUT UNAUTHORISED CUSTOMER INFORMATION BOUND BY BANKING RULES. COMPLAIN TO AUTHORITIES OF ICICI(WITH COPIES TO MEDIA, RESERVE BANK, ETC.), WITH A CERTIFIED COPY OF THE STATEMENT WHICH WAS PRODUCED BY THE OPPOSITE PARTY IN THE COURT(THIS IS IMPORTANT)

T
>
> 3) Can i ask bank to take action against my FIL/wife
> and question them on how they got this statement.Is
> there any legal law to bind them and act and then
> punish.
THE BANK CAN ONLY FIND OUT THE EMPLOYEE OR COMPUTER OUT OF WHICH THIS STATEMENT WAS TAKEN(I HOPE THAT THERE WOULD BE LOG DETAILS TO FIND OUT, THOUGH THERE IS ANOTHER VIEW THAT ITS NOT POSSIBLE), ONCE THE ERRANT EMPLOYEE IS FOUND, HE CAN BE MADE TO SPILL THE BEANS BY THE POLICE(CYBER CELL), HENCE FIL/WIFE COULD BE TARGETTED.

> 4) Can i use RTI for this?. how to go about it and
> escalate this issue in my favor.
IF THE POLICE OR BANK DOES NOT ACT, RTI CAN HELP(PUT ONE AFTER 15 DAYS OF COMPLAINT TO BOTH PLACES, IT COSTS ONLY Rs.10)
>
> 5) infact i didn't lie to the court wrt to my salary
in S125 case.
> But would like to use this fact that my FIL/wife has
taken the unofficial information from the bank in my
favour.
> Is it Possible ..if Yes then how?

YES YOU CAN GET THEM IN TROUBLE, AND THE ABOVE METHODS ARE THE WAY TO DO THAT
>
> Any other pointer or suggestion are welcome.
>
> Thanks and regards
> Aakash