After being in SIFF forum for last 2 years & based on my own experience, i have tried to enumerate the pros & cons of retaliating the 498a family to close the case, with various modes.
Request your opinion to alter or refine the points.
Regards,
RKV
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DIFFERENT MODES FOR CRACKING 498A CASE:
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1. FOLLOWING THE TRIAL & PROVING INNOCENCE.
Advantages:
1. Text book method by following judicial system & get the formal acquittal order.
2. During trial, we can file perjury U/s 340 & Defamation suit, which will destroy the 498a family completely.
3. Scope for financial compensation thru defamation suit.
Disadvantages:
1.Time consuming; have to be patient with great Indian Judiciary’s efficiency.
2.Will take anything between 1 – 5 Yrs.
3.Need to cope up half baked lawyers.
2. FILING COUNTER-CASES AGAINST 498a FAMILY.
Advantages:
1. By giving the same medicine to the opponents, 498a case may get over in short time.
Disadvantages:
1.Very delicate in nature. Needs to do lot of home work & legal analysis before retaliating with counter-cases.
2.Costly affair & time consuming.
3.Counter-cases may back fire, if not launched properly.
4.Some counter-cases may be of cooked nature, which will be a “misuse of law”.
3. COMPLAINING TO HIGHER AUTHORITIES:
Advantages:
1.Taking the case details to all levels of higher authorities such as Human rights, DGP, Collector, Commissioner, Home Secretary, Income tax Dept. etc, will solve the case in shorter time.
2.Cheaper mode & can close the case in shorter time duration.(1- 6 Months)
3.Can handle without much legal aid.
Disadvantages:
1.This mode will be applicable based on 498a family members’ profile.
2.Complaints have to be placed immediately after the threats.
3.Government machinery may not work with expected efficiency.
4. USING RTI APPLICATIONS AGINST 498A FAMILY:
Advantages:
1.Cheaper mode & consumes relatively lesser time to close the case.(2 – 6 Months)
2.We can screw the 498a family royally, with this “Legal Cruelty” tool.
3.May cause irretrievable damage to the opponents, apart from closure of 498a case.
4.Can handle without legal aid.
5.No limit & can fire numerous RTIs based on the opponents’ profile..
Disadvantages:
1.498a family members or witnesses needs to be government job.
2.Needs to cope up with time delay for RTI replies from govt. departments & information commission response for appeals.
3.Government machinery may not work with expected efficiency.
4.Very indirect method of attacking the opponents.
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