Counter cases after winning the original false case against you(498a, etc)

(this post was originally a reply to a SIFian who posted his win in the false 498a case against him, in the SIF yahoogroup, and wanted to know how to about filing counter cases and when, etc.,.)

Dear Cruise and all,

Where did your case get "dismissed" under what Cr.PC section(s)(discharge@lowercourt-239Cr.PC, quash@highcourt-482 or aquittal(which court)-on wat grounds on benefit of doubt, lack of proof or complaint/FIR found to be false). All these factors will decide ur next strategy. Read ur judgement thoroughly, write in here. 

If its an acquittal(as I think it is) at lower court, the appeal period is 30(or 60 days, just check the books/lawyers), if its a high court order the appeal period is more(90 days I think). You can file counter cases like defamation/malicious procecution/IPC211/189 and other sections etc which are in my blog post u r reffering to, immediately after the appeal period(starting from written order got in hand, to be safe).

Now if getting a divorce is ur priority it would be better that u appeal for divorce in cruelty grounds(citing the 498a judgement) and you could get a fast divorce(say 2-3 sittings, may be u can waive of the 6 months mandatory cooling period, since there's nothing to cool down, even though recently SC has insisted that this 6 months be strictly adhered to(for what, especially in this case)). You can file for divorce right now. 

After u get a divorce, but before the "period of limitation"(and 2nd marriage, if u r planning, since that's an energy-sink for sure, u may not even have time to remember ur name sometimes!) you can file the counter cases.

"Period of limitation(PoL)"(though delays beyond PoL may be condoned, don't depend on this) varies with respect to the respective counter case sections u r planning(and have grounds for it. ie a clean judgement in which complaint is termed as false directly or indirectly), for eg. If you are planning for defamation(criminal) ie. IPC 499, the period of limitation is 2 years(since the maximum punishment for defamation is 2 years: IPC 500. Punishment for defamation.-- Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.) .

Refer http://bok498a.blogspot.com/2008/07/counter-cases-during-and-after-case.html for details on counter cases.

Make a strategy, and then fire at will, don't leave without guns blazing, turn all over rage, past and present, into energy to run and win the counters(justice-counters is what I call them), this is not just for you, this is for cleaning the pond we are living in, so do well, and do it right!.

PS: Almost all scenarios of a war against 498a/ 'Legal Terrorism' journey is addressed here: http://bit.ly/faqsif , the rest we have 1000s of web resources by SIFians themselves by now(blogs/sites/forums/articles/mail-archives), get knowledgeable yourselves, don't depend on even your father, let alone your bloody lawyer.... aim to win, and leave the rest to destiny. 

PPS: In all this don't forget to enjoy life, with all your rage and frustration converted into a rightful crusade, you will be in a position to enjoy life to the fullest while being a staunch crusader... a truth-warrior.

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."
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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