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

Evidence–A Life Saver:Digital Voice-Recorders

Tech – Talk

Technical Section

Let me ask you a question : When a case is filed (or expected to be filed) against you and "Unless Proved Innocent You Are Guilt" theory works, how can you prove yourself innocent ?

You need Evidences. There are two types of evidences (1) Concrete Evidence (which can independently decide the case) e.g. a clear video recording and (2) Supporting Evidence (which independently cannot decide the case but when joined with circumstances and other evidences/events, it is usefull to decide the case).

Next is, to get these life saver evidences we need technology. I mean to say electronics and Information Technology. If used correctly, can prove yourself innocent and also can get vital information (from the other party).

Digital Voice Recorders : What someone spoke cannot be judged from the pictures but voice recorders can do it for you. Voice recorders are of two types Analog and Digital. Analog recorders (with cassettes and magnetic tapes) are not a good choice now a days. Digital recorder are perfect as of today. They are very small sized, full of features, well capable and compact. One can easily get a reasonably featured digital recorder for around 3500/- or so. I have a digital voice recorder which can record upto 34 (Thirty Four) hours of conversation. It works in person to person, telephonic, hidden recorder mode, remote mic mode and much more. It can transfer the data to computer and to a CD in turn. It works superb as a Telephone Recorder. You connect it to the phone line (hide it) and it works for around 18 hours at a stretch (battery life). No beep is issued to the other party. It can used almost everywhere Home, Phone, In Car, In Office, In Meetings and absolutely every place which you could think of.

An important feature of the Digital Recorders is “Voice Activated Mode” means if this mode is activated, the digital recorder will Keep Recording as long as voice is there and If no voice for a few seconds then the recorder goes to standby mode and when the next sound comes in It again starts recording it. The advantage is we get removed the “silence” portion of recordings (saves memory and we get long battery backup). Voice recorded files from digital recorders can be transferred to computer and CD and the same CDs could be produced in court as evidences.
Files recorded by Digital recorders can be played on the house hold CD players.

Tip : Use rechargeable batteries in Digital Recorders. Mine uses AAA size eveready 2 cells rechargeable and single pair of batteries can drive the device for around 16 hours.

CENIX, Olympus, Samsung, LG, Sansui and almost all electronics manufacturers manufacture Digital Voice Recorders

Some of the useful links are

http://www.olympusamerica.com/cpg_section/cpg_voicerecorders.asp

http://electronics.listings.ebay.in/Electronic-Gadgets_Voice-Recorders_W0QQsacatZ14960QQsocmdZListingItemList

http://www.tcc-qatar.com/DVR.htm

http://search.ebay.in/digital-voice-recorder_Voice-Recorders_W0QQsacatZ14960

http://www.google.co.in/search?hl=en&q=Cenix+%22Digital+Voice+Recorder%22&meta=


Own Mobile Call Recordings : You can ask you mobile dealer to workshop guy to install a call recording software in your handset so that it keep recordings of the calls. You can put the whole thing on a computer and on a CD in turn. Most of these softwares issue a beep sound to the other party so that the caller comes to know that your call is being recorded.


by Sachit Dalal- SIF Activist

Arrive with guns blazing-Counters, Quash, Dismissal(at Police, At court(before or after Chargesheet))

Subject: Counters, Quash, Dismissal(at Police, At court(before or after Chargesheet))

Hi All,

Option 1- Before chargesheet; You can give evidence to Police and ask for a report of dismissal(Type A report - no evidence to make a case of 498a, or Type B report- stating that the Allegations are false!, both of which happens only in rarest of rare cases(zero probability almost) , because police are shit scared of women org, women and generally won't burn their hands in these matters).

Next option 2->Before chargesheet is given by police to the court-Quash it at the same court(don't know the section of Cr.PC for this), or High court/Sessions(Cr.PC 482), showing major fractures in allegations which do not need trials, and are self-evident.

Next Option 3->Apply for dismissal after chargesheet is submitted to the court(Cr.PC 239(see the bottom of this post for explanation), Guptaji will elucidate about this beautifully :). The only motivation for waiting till chargesheet to get submitted in the court, is that after this the police cannot make the charges more deadlier against you(fudging it with more unfavourable charges), and since usually police can be bought by the other party and could be made to add more charges and unfavourable stuff in the chargesheet, if they decide to counter your attempts of Options1 & 2.

Counter cases can be filed at any time(though waiting till chargesheet is submitted to the court is advantageous in some ways). Though Advocates rarely recommend it or agree that this is even a possibility before a "verdict" on the 498a case is declared in full(possibly by Supreme court, if the other party decides to appeal until the Top court!). See this post for IPC sections which could be used in your counter cases, considering the facts of your specific case.

This is 'could' be just because 1) they do not want 'their' cases to end that "easily" and hence lose the opportunity to feed on your insecurities(with all respect to the good advocates here, if u feel that my observations are not constructive or right, please do correct me for the general good). 2) Another reason why advocates do not take initiatives for counter cases is because some of them are truly 'incapable' and ignorant about these matters in their rat race of "setting" and "greasing" kind of lowly ways of "practice" and their intellectually-bankrupt-to-the-core schools of thought!. 3) Another reason why lawyers do not seem to do any thing which can give you sure and swift results is that everyone is hand in glove with every other advocate, so they won't demolish the case of their loving counterparts who could be lawyer pals of the same court(you scratch my back, I scratch urs!- fraternity and emotional bonding issues!!!).

I am making it clear that I am not talking about good advocates of caliber and integrity, who if appointed will do wonders for your case- but I am yet to meet such an advocate in my sojourn of 4+ years in these torrid rapids.

Warm Regards,

Gokul - http://gokul.go.to, 9821414336(Mumbai)

PS: Cr.PC 239: When accused shall be discharged.- If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

***********************
need guidance Posted by: "yangaldaspk" Thu May 10, 2007 11:39 am (PST)
hi
i am 498a-ed. i got AB for my parents and sister and self. have proof that case is false. should i file 182 ipc or wait till chargesheet is failed.it is clear case of misuse of laws, and waste of time for police and courts.how can i proceed from here. can i file counter cases.

Bibles 4 SIFians, Be a Playa.... Baazigar O'Baazigar

Hi All,

I agree to Myidbnt for 90% of the time!(there are risks of backfire if you get your wife fired by counter cases/actions against her), but if you are what they call a "PLAYA"(Khiladi) ‘propah’, u could doctor the spin yet again against the same wife who lost her job.

You just have to impress upon the court that the company fired her ONLY after they were convinced that she misused the law and hence is facing a counter case from you. So now you not only can defend your maintenance or any other possible backlash, but also use this flip-flop show yet against your wife by telling the court in appropriate words.... “if the company is convinced, why are you not”, at least cite the fact that you could get the company convinced of her wrong doings and get a favourable hearing from the courts(u should, if possible, mask/downplay the fact, if it is so, that the company fired her only because of the company's HR policy on employees with criminal proceedings against them)

Tables can surely be turned, but it needs a PLAYA, an International Khiladi in thought and actions(ab seedhey hoke kuch faida toh nahin hein, better bend it like Beckham and enjoy doing so). Try karo 100 mein se 10 aap bhi playa ban sakta hein. Even if there is 90% chance that your ploys backfire, Indian system is full of loop holes , USE IT, PLAY IT.

But like all good Players(superlative slang of which is 'Playa' ), you should be ready to lose the game, only to win it back at Sundown.

Haar ke jeethney walon ko........ yes Baazigar kahthey hien.

Dont just be afraid, u are in the 'No-risk' zone, if u assess and understand your risk perceptions appropriately. Don’t be shy to be a PLAYA or a Baazigar. Reminding you all once again, if u "will" enough, there would be a way enough.
The key is playing to the gallery, with the Loop holes, whatever may be your personal situation.

For more details of how to play, read criminal manual(and Family and Divorce laws if thats ur pain area), URSELVES , and make it your bible along with other books mentioned below as appropriate to ur case, details as below.

I : http://www.unilawbooks.com/search.asp?Page=2&subj=Transfer (2nd page , no.18th item)

Criminal Manual (Pkt. Size) by Universal ( Pages - 631, Hardbound, Year - 2006 ) Price : Rs 195.00 Description : General Contents: Effective Date Natifications. New Amendments at a Glance. The Criminal Law (Amendment) Act, 2005 (2 of 2006) The Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005) as amended by Act 25 of 2006. Consolidated Table of Cases. The Code of Criminal Procedure, 1973:- as amended by The Code of Criminal Procedure (Amendment Act, 2005 (25 of 2005) and The Criminal Law (Amendment) Act, 2 of 2006). The Indian Evidence Act, 1872: as amended by The Criminal Law (Amendment) Act, 2005 (2 of 2006). Consolidated Subject Index. http://www.unilawbooks.com/search.asp?Page=2&subj=Transfer (2nd page , no.18th item)This version(pocket size) of criminal manual is from Universal Law Publishing co. Rs.195(It contains Cr.PC, IPC and Indian evidence act).

II: https://www.vedamsbooks.com/no42204.htm

Commentary on the Hindu Marriage Act, 1955 : Incorporating All the Amendments in the Act, Rules from the Commencement of the Act with Latest Case Law and Extracts from Hindu Adoptions and Maintenance Act, 1956/Sukh Dev Aggarwal. Delhi, The Bright Law House, 2005, viii, 720 p., $35. Details No. 42204

Contents: I. Preliminary: 1. Short title and extent. 2. Application of act. 3. Definitions. 4. Overriding effect of act. II. Hindu marriages: 5. Condition for Hindu marriage. 6. [Repealed]. 7. Ceremonies for a Hindu marriage. 8. Registration of Hindu marriage. III. Restitution of conjugal rights and judicial separation: 9. Restitution of conjugal rights. 10. Judicial separation. IV. Nullity of marriage and divorce: 11. Void marriages. 12. Voidable marriages. 13. Divorce. 13A. Alternate relief in divorce proceedings. 13B. Divorce by mutual consent. 14. No petition for divorce to be presented within one year of marriage. 15. Divorced persons when may marry again. 16. Legitimacy of children of void and voidable marriages. 17. Punishment of bigamy. 18. Punishment for contravention of certain other conditions for Hindu marriage. V. Jurisdiction and procedure: 19. Court to which petition shall be presented. 20. Contents and verification of petitions. 21. Application of act V of 1908. 21A. Power to transfer petitions in certain cases. 21B. Special provision relating to trial and disposal of petitioners under the act. 21C. Documentary evidence. 22. Proceedings to be in camera and may not be printed or published. 23. Decree in proceedings. 23A. Relief for respondent in divorce and other proceedings. 24. Maintenance pendent lite and expenses of proceedings. 25. Permanent alimony and maintenance. 26. Custody of children. 27. Disposal of property. 28. Appeals from decrees and orders. 28A. Enforcement of decrees and orders. VI. Savings and repeals: 29. Savings. 30. [Repeals]. Appendices: 1. The Hindu Adoptions and Maintenance Act, 1956. 2. Rules of High Court. 3. Registration of marriage rules.

III: and may be: https://www.vedamsbooks.com/no10198.htm#.

Nullity of Marriage Under Hindu Law/Manjit Singh Nijjar. 1994, xvi, 227 p., $17.
Contents: Preface. 1. Marriage and matrimonial reliefs under The Hindu Marriage Act, 1955. 2. Bigamy. 3. Prohibited degree relationship. 4. Sapinda relationship. 5. Impotency. 6. Mental incapacity. 7. Consent to marriage obtained by force and fraud. 8. Pre-marriage pregnancy. 9. Forum of petition, effect of decree and post-decree consequental relief. Appendices. List of cases. Bibliography. Index.
"This book thoroughly examines the provisions relating to the nullity of marriage under section 11 and 12 of the Hindu Marriage Act and makes indepth study of the juridical approach to the said provisions. The book also highlights the shortcomings and infirmities so as to make the substantive provisions and administration of these provisions leakproof and lucid. A critical approach been has undertaken to make the book useful and complete from all aspects."
______________________________________________________________________________
Keep these books at least under ur pillow, and it will serve u that much better!.
Better.....Buy books like these for ur groups/libraries, if people know of better/additional references, pour them in too.

USE THEM, PLAY BY THEM.... and be the PLAYA.......

Regards,

Gokul
9821414336(Bombay), http://gokul.go.to

PS: Also blogged at the Book of Knowledge Blog: http://bok498a.blogspot.com/2007/04/bibles-4-sifians-be-playa-baazigar.html

Preparing to Defend your legal problems

Understand the false case against you is just another problem, which can and need to be solved

Analyse the FIR and their statements for contradictions within(statements and written statements at different times may have contradictions, example incidents, weights, numbers etc.).

Pick up allegations against which you have evidence on the contrary, and put a petition to Police station and DCP in-charge asking them to investigate on these lines and to submit final report accordingly.

The Police can bring out three types of Final Reports(in which case the complaint will not be prosecuted in the Court, since the allegations are not maintainable at a court of law) as follows 1) Type A Final-Evidence of Allegations is not enough to be tried in the court 2) Type B final- Allegations are false, hence need not be tried in court 3) Investigation on the Allegations are inconclusive, so need not/cannot be tried in the court. Though these are technically possible, the police does not bother to neither take the responsibility of investigating not defending such conclusions by them!. But it is your right to get a proper report on the above lines and avoid court trials/litigation.

For the court to try/prosecute you, the police should be submitting a "Charge-Sheet, usually even in this case the police seldom come out with any inference of their own, they just compile all allegations and statements from the complainant and all the counters and statements from the accused and avoid taking any responsibility.

If you suspect any bias in the authorities against you, send petitions to higher authorities, while keeping the erring personnel a copy of your petitions so that its acts as a pressure to act in accordance to justice. See a related post here: http://bok498a.blogspot.com/2006/08/post-498a-scenario-when-passport-is.html .

To come up with specific ways to counter your specific problems, first you have to think with a problem-solving attitude, and not panic or be despondent. You know the ways to get out, only if you think calmly. All the best.

"IMPOSSIBLE IS NOTHING" Don't let your life stall on anything

What swarup says is right brother shetty, u can have children (like rabbits if u will) , stay together, name them after you and the law will have to just allow u to do so(the lady u decide to live with, just have to stress with anyone that u guys didn't at all have a marriage, and all those rabbits are love-children and that she wished that they carried their biological father's name and surname- who on earth is gonna deny this right of a lover!?).

You just need conviction in your decision, as theres no legal problems.. see this post: http://bok498a.blogspot.com/2008/04/legal-position-of-bigamy-adultery-vs.html (also see two reports about a similar situation of actor Pawan Kalyan).

Bigamy(IPC 494: http://www.vakilno1.com/bareacts/IndianPenalCode/S494.htm) is only if someone can prove that u r married(example: if you are a hindu; as per Hindu Marriage Act)- so don't marry... so no proof of marriage possible....simple, keep/take no photos of any ceremony distantly similar to marriage, or create any marriage record. Just live with ur friend for life, theres a word "companion" gaining respectability in even Indian cities, anyway if u don't care a damn about society, all this is no bodies business. But be wary of IPC 493, which says that if u induce a belief of marriage in a lady, when u are only cohabiting, thats chargeable with IPC 493(http://www.indialawinfo.com/bareacts/ipc.html#_Toc496765386 ,10 years max boss, so be very sure about ur companion!, else its back to battle again, but thats no big deal for u all now, right?;)

As far as Adultery(IPC497: http://www.vakilno1.com/bareacts/IndianPenalCode/S497.htm ) goes: Only a husband can sue a suitor of his wife, if this suitor knows that this lady is married and has no expressed consent of the husband to get close to his wife!- so its funny, its saying wife can't get a husband punsished for adultery(only husband can frame his wife's suitor. not even his wife!), plus this law actually points towards threesomes!!!. So give a F&$K to the law and in-laws and get ahead if it suits you.

Basically it all boils down to your conviction and how afraid u are of society- which never helped or shielded you from harms way when you really needed that(in case u r not convinced that much about ur decision to go ahead and live with ur companion). So y give a damn about the so-called society, show them ur middle finger and walk tall and straight ahead where u wanna go.
Why I explained this in detail is that after 2-3 years most of the elders in the family are worried silly about getting boys(or girls for that matter, but we don't have to empathise with those law misusers, right?) married(to see their grand children play before the end of their days, as the popular concept in India goes). So its important to pacify those worried parents and senior citizens and show courage by taking you life into ur hands, and either decide 1) not to marry(just ensure that u are sufficiently amused and live an interesting life however it suits you- but yes, take care and use protection), 2) not rush to marry, or 3) if u find someone and are fairly confident that shes not the garden-variety-498a-girl(u can't be 1000% sure anyway, but these are the risks u have to assess and own-up) just start ur life dont wait for god to really appear before you- just understand that he has provided with just enough loop holes for u to survive and have a fulfilling life.

So the message is that live the life you want to, don't ever be limited by any restrictions either imagined/imposed by self or projected on to you by others- believe in the infinititude of human mind.... where theres a will, theres a way... period. Come on legal hassles are not Greek and Latin to u guys now, u can in fact be consultants in 498a issues, so do what u wanna do, "IMPOSSIBLE IS NOTHING"(quoting a sports company's catch phrase).

BTW, if someone wants the exact ways and means to proceed as above, I have a "template"(like the advocates have the false 498a complaint template) which can be shared in Private(but guys someone tell me how to create a password protected folder or page in the web, else I will be most probably spending all my time replying to your queries in this regard, so please tell how to password protect a webpage or folder- A word file should work, but any more intelligent solutions, so that it won't be misused much(not worried about this much, since I have stopped fretting about being morally correct and stuff like that) and that I don't get into another soup!... not that I mind it , but for now, I would like to devote 100% of my time to send the misusers packing to where they deserve to be).

I know this realisation would be a great relief and reason for reformation to many. Swarup is one walking talking example of such a guy, and he is not alone , that population is increasing(thanks to the law, we are being made stronger and invincible). I will leave you with a thought provoking and pragmatic quote "The supreme act of war is to subdue the enemy without fighting!" . So live anyway, but fight only if warranted.

Also read this post:

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

How we can build content- Structure of Contents

The initial development of the BOK will be a bit tricky, but lets not give up on it anytime. Initially we just have to copy paste various advice our SIF members give in the main group(advices given in the past can be copied from the message archives), which we find good/effective, under clear and unambiguous Title names(which describes the situation in question, in a few words). So that we can make the same Titles listed as the various entries of the index page too(contents page).

The Index/Contents page should be just like a hyperlinked(which if clicked leads u to the details of a particular 498a situation & the corresponding advice/links/judgements to solve that 498a situation) contents page at the beginning of an book or e-book), ok. We have to build the broad skeleton before others troop in, so that there no confusion about how to go about and start adding stuff.

I plan to write sections for "FAQ", "Whats the long term expectations of this system"(so that all can plan for future requirements, like databasing requirements, storage of news, articles which are linked from the advices, etc.), and "How to Gather/Build content"
For now we need to post some blank topics(just with the 498a Scenario description as the Title of post) at BOK blog and link all them to an Index/Contents page, so that people can later fill in appropriate matter and link them to external references(news, citations, articles, blogs at other sites, etc.), else it may start becoming confusing. I am going to put in some of the blank topic posts soon to give u an idea, u too can add on.

Hope u got the broad idea.

Adding content can be as easy as copy pasting 'wisdom' already stored in the messages section of SIF group, and pasting whichever advice you find as effective in the days to come.

You yourselves must have advised so many victims with various different 498a scenarios, so u would be the best person to copy-paste those advices and any new advice you give, on to the BOK.

All the best.

Post-498a Scenario: When passport is feared of being seized, and person anticipates detention for an unreasonable time

If the husband(or the victim family) is working abroad, and is facing a high profile opponent who is legally terrorising them, with the girl's side having a lot of political or other influence, and has a lot of clout in the system. The bail may be opposed strongly, or after bail they may have to attend police station at frequent interwels or at the will of the police- this itself is a worry- but an application to relax the bail conditions could be the remedy).


The main problems are whether the bail would be denied or whether the passport will be impounded/seized and they will be kept remanded for an unreasonable time(there by affecting ones job) with influence and money power.

See how Mr.Rao had got the passport released from HC andhra(see details in message: http://groups.yahoo.com/group/saveindianfamily/message/19156 ). One could also try emailing Mr.Rao email: rao257 (at) yahoo.com.

But in these kind of cases the real trouble is with the influence and power of the girls side, and to nuetralise the potency of the girl's side influence, one has try and submit petitions(to Authorities right from PM, President to MP,MLA, political party local presidents & other important office holders, similarly with the police authorities from IG to SHO(Station's Senior inspector, clearly mention the police station and Court where ur case is going on in your petitions)) mentioning the boys apprehensions of being detained for an unreasonable time in india with his passport also not being given back, there by affecting/losing his job abroad, etc. etc.

The effect of this kind of petition is not because all those higher officials and authorities care a damn, but that the Station Senior inspector, other police officers involved in the case and DCP of the zone, and the Magistrate(put a copy to the magistrate too, ask your advocate about this) will think twice about yielding to the influence of the girl's side.

But one may have reservations about this strategy, since both the families could have a lot of common friends and 'biradri' folks between them- but what better to do , in this case(or for that matter any other), other than to fight out fully.

This is exactly the same strategy which saved many victims(this was actually advised by a high ranking police officer, so do understand that this is a time-tested and sure-fire strategy)- as this has worked out in the boys favour in cases where the girls side were putting a lot of pressure right from delhi to the local congress committee, etc.- but they are all free and hitting back at the girls side now

The son can avoid coming to India and just be where he is, but the parents Passports also could be seized, and hence they cant visit their son + this 498a case will never be closed until the son comes and faces the legal procedures. Better fight now, sooner or later u will have to either do it or submit to the oppression- this is our frank opinion.

Some references, coutsey to the respective sources(not plaigerism, just info dissemination)

1) http://ipc498a.wordpress.com/2007/04/12/sc-judgment-maneka-gandhi-vs-union-of-india-1978/ ->

SC Judgment: Maneka Gandhi Vs Union Of India (1978)Published April 12th, 2007 :

This will be useful to those of you hounded by a Red Corner Alert or threats of Passport impoundment.
The SC intrepreted this as a case for due process. The article from the Hindu is given below:

http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=5154

The SC kept the passport, but she was given a hearing.
A warning! It is a 144 page judgment.

Introduction to the 498a BOK

As we had discussed some time back(at the 498a.org forum: http://498a.org/forum/viewtopic.php?t=33 ) we should start developing a system which consolidates all the 'wisdom' our members have individually, about dealing with various kinds of 498a situations.

For this we need to work like "Wikipedia"............. (Wikipedia is an encyclopedia written collaboratively by many of its readers. It uses a special type of website, called a wiki, that makes collaboration easy. Lots of people are constantly improving Wikipedia, making thousands of changes an hour, all of which are recorded on article histories and recent changes. Inappropriate changes are usually removed quickly, and repeat offenders can be blocked from editing.)

Since we don't have the same kind of facilities/resources like wiki, we have to make do with the same style working principle, but through a blog(http://bok498a.blogspot.com/ ) where we can invite contributing members. And all these members can be made Admins(or moderators) of this blog, so that they can edit the earlier posts and create more and more exhaustive, incisive and targeted solution contents- which can be suitable for every kind of 498a situation.

For example I am posting the solution I wrote to Mr.Sukumalchandra(as in the mail below) to the blog, with the subject title as "Post 498a: When passport is feared of being seized, and person anticipates detention for an unreasonable time". After I post this, an email will be sent to all the members(we will make a yahoo group of whoever wants to be member, or can use one of the dormant groups like sif1@yahoogroups.com for this purpose), and members(who are also Admins) can add on to the content, introduce links to judgment, articles, etc. or edit it for correctness, so on and so forth..

We can make an index/content page of all posts to this blog which contan links and cross links(as explained in http://498a.org/forum/viewtopic.php?t=33 ), and put this index/content page in a prominent place on the blog, so that we can navigate to the appropriate section of the 498a situation we are trying to address(either to give advice to new members or to research for our own purpose).

So this email is going to be the first introductive post at http://bok498a.blogspot.com/ , see you there. I will be inviting you all soon to become members+Admins. We will announce this to the more people once we get a hang of this system and adopt some procedures to make it efficient as we keeping working on it.

Our advices and our own researches for 498a solutions can be giving a cutting edge this way, do contribute to this BOK building at your convenience. Lets make this a success. Don't you feel the enormous potential of this BOK system, already?

Once you are an Admin cum member you can edit/append an existing post and of course create a new post, etc. Read more on building content and in what structure/format : http://bok498a.blogspot.com/2006/08/how-we-can-build-content-structure-of.html

One easy thing for you to build the content is to include all your advices to victims(which anyway u all are painstakingly doing) in appropriate manner(with links to the index( have not made a separate index yet, but its just 2 post now), so all the 2-3 posts will be displayed in the main page anyway, for all to see).

regards
Gokul

PS:mail me at drmura@hotmail.com or Vinayak at e_vinayak@yahoo.com , if you are not made an Admin yet, or for any other queries, suggestions, etc- you can also post comments for all the members to see. SO experiment all the features of this blog. This is our Blog... our BOK Missile against the misusers.

----- Original Message -----
From: Gocool
To: Satya Kumar ; (Ca)vinayak ; (ca) Sanil ; santhakka@yahoo.com ; rao257@yahoo.com
Cc: sukumalchandra@yahoo.co.in
Sent: Tuesday, August 01, 2006 1:36 PM
Subject: Please advice & refer this member to someone working abroad, who has gone thro' Passport Impounding+Bail
Hi All,

This SIF member( sukumalchandra@yahoo.co.in sukumalchandra (at) yahoo.co.in ) is working abroad, his parents are in delhi facing a high profile case in Andhra(the
delhi to the local congress committee- but we are all free and hitting back now
............ snipped..........

Do give ur tips, to this family in distress. Their son can avoid coming to India and just be where he is, but since the parents PPs also are seized they cant visit their son + this case will never be closed until the son comes and faces the legal procedures. Better fight now, sooner or later u will have to either do it or submit to the oppression- this is my frank opinion.