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.

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!!

"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