Though the Honorable Supreme Court of India stated that the misuse of IPC 498A as “Legal Terrorism” but still the truth is, anyone can be the victim at any moment. After 498A, the next item is 125 CrPC and Domestic Violence to extort money.
Please note that until we completely defeat the opponent on 498A, we may not get any relief on 125 and DV. Conviction rate of IPC 498A is 2% only which is rarest of rare. It is also indicate the misuse of 498A is very much. If you have incurred in this then most of the lawyers would like to prolongate the process or try to make mutual settlement to extort your money. If you are paying money then you are virtually benefiting these wrong doers to continue their business. Please don’t do it.
So friends, it is our duty to stop this wrong money extorting business.
Please Note: To file and move your own case, you need not to be an advocate. You can file and move your own case IN-PERSON also. To do this -
a) You need to study little law,
b) Arrange sample petitions for drafting your case,
c) Study your case,
d) Arrange evidences as per Indian Evidence Act 1872.
e) Make rehearsal and
f) Download and arrange citations of other judgments for same type of your case of HC and SC in support of your arguments and produce it before the court.
Please also note that to file and move your own case in-person in the High Court or Supreme Court is easier than Lower Courts. In HC and SC cases gets disposed of within very short time, within 2/3 hearings and 2/3 weeks. Please arrange proper arguments with proper citations and evidences, prima-facies with proper rehearsal before appear in HC of SC. Please be brave and increase you will-power which will make you winner. If you know that you are innocent then nobody can defeat you.
There are two situations: -
1) Before getting 498A: - Before you get the 498A you might predict that it might happen to you any time. You may get threats from your dispute wife and in-laws. If you get this then first of all, make your mind set like this - that you may spend one day in jail. Please don’t worry for this. But still you can avoid this. Your first job is to file NC (Non Cognizable) on both your and her local police station against her (your wife). Also make NC by your parents, brothers, sisters and senior most members of your family against your wife. Arrange Anticipatory Bail U/S 438 CrPC (Criminal Misslanious Case) for all of you family members in the Session Court or High Court. Please note that you can file anticipatory bail both BEFORE and AFTER registering the FIR of 498A. If you have AB then police can’t arrest you.
2) After getting 498A: - After getting 498A and once you are in regular bail, your first job is to dispose of the false FIR of 498A IPC as early as possible. Please note that since it the business of some corrupted lawyer also, they will always try to make it delay and try to make you understand that you don’t have any option other than to make mutual divorce by giving lot of money. Please don’t listen to them.
a) Please don’t file divorce of go for any mutual settlement until your 498A gets disposed of. Your advocate and others may try to make afraid you, but you must leave your fear and be brave.
b) Please go to Criminal CRIMINAL REVISIONAL JURISDICTION of High Court and file Speedy Trial U/S 483 CrPC read with Article 227 of Indian Constitution by preying that to direct the Learned JM to dispose of the 498A case within 6 months from the communication of the order. It is similar to Writ Petition. Please note that speedy trial is your right and it is mandatory to file else 498A will go for life long. Please make STATE as opposite party.
c) Make petition U/S 205 CrPC for exemption from personal appearance by showing your job condition in the same court where the 498A is going on. You will make your professional appearance through your lawyer.
d) IPC 498A is as follows: -
498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
So, the definition of cruelty U/S 498A is quite clear.
Clause A) Cruelty, such a nature, which drive a wife to commit suicide or to cause grave injury or danger to life, limb or health. (Need Medical Report for this to prove).
Clause B) Harassment for unlawful demand (Dowry).
So, any other cruelty which does not falls under said Clause A & B (e.g. slapping, abusing or having extra marital affairs etc.) cannot be chargeable U/S 498A.
i) Please go through the complaint and find out that the prima-facies indicates what type of cruelty? Whether it falls under aforesaid clauses or not. If not, please go to CRIMINAL REVISIONAL JURISDICTION of High Court and file Quashing with Speedy Tiral petition U/S 401 CrPC read with 482 CrPC and 483 CrPC and Article 227 of Indian Constitution and prey for quashing. If the judge still don’t grant quashing then prey for speedy trial. Please make STATE and YOUR WIFE as opposite party. Prey for call for the record also from the lower court for better judgment.
ii) If you find that you have enough evidences to prove that 498A is false then go to CRIMINAL APPELLATE JURISDICTION of High Court and file Criminal Writ Under Article 227 of Indian Constitution, Indian Evidence Act 1872, Dowry Prohibition Act, CrPC 482, CrPC 483 and CrPC 311 and prey for Quashing, to declare that the FIR is false, to direct the Learned JM to take appropriate action against de facto complainant (Your Wife) in accordance with law. Please make STATE and YOUR WIFE as opposite party. Prey for call for the record also from the lower court for better judgment.
iii) If you have noticed that the investigation happen in such a way that the police is biased and did not follow the Dowry Prohibition Act properly and violated you fundamental rights as per Article 14, 15, 19 and 21 then got to CONSTITUTION JURISDICTION of High Court and file Civil Writ Petition under Article 226 read with Article 14, 15, 19 and 21 of Indian Constitution, Indian Evidence Act 1872, Dowry Prohibition Act, CrPC 482 and prey for quashing and to declare that the FIR is false and cost. Please make STATE and YOUR WIFE as opposite party. Prey for call for the record also from the lower court for better judgment.
Please file these cases IN-PERSON. To file these cases you need certified copy of: -
a) FIR
b) Final Charge Sheet
c) Seizure List
d) All Orders.
e) A Copy of Case Diary.
Perjury: - Perjury is a very important tool to fight against 498A, 125CrPC and DV. It can be file at any stage at the proceeding of 498A, 125 CrPC and DV as a counter case in the same courts where the 498A, 125CrPC and DV is going on respectively. It should file U/S 340 CrPC read with 195 CrPC. Sometimes, a few corrupted judges do not wish to take this case or wish to delay or wish to take latter. If anyone face this problem then show the following citation to that judge.
BOMBAY HIGH COURT
CRIMINAL APPLICATION No.1115/07.
(Para 7 & 8)
If that judge still does not wish to take it or try to mislead you then please take the certified copy of all orders, FIR, Charge sheet, etc and file Criminal Writ under Article 227 of Indian Constitution, 483 CrPC, 482 CrPC, 341 CrPC(Appeal on Perjury) and Indian Evidence Act 1872 to CRIMINAL APPELLATE JURISDICTION of the High Court with the said citation.
Another good citation of Perjury is: - CRA No. 197 SB of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Once you are completely out of 498A : - Then file for divorce. Make police complaint U/S 211, 182, 200, 190, and 193 of IPC against her. File both criminal and civil defamation cases.
Please be handsome, smart, good looking and look for a good unmarried girl and start leave-in relationship until you get divorce.
Cheer!
Some Other Important Citations: -
498A - Legal Terrorism
Writ Petition (civil) 141 of 2005 – Supreme Court of India.
498A - Defamation of Cruelty
CRIMINAL APPEAL NO. 57 of 2002 – Supreme Court of India.
CRIMINAL APPEAL NO. 773 of 2003 – Supreme Court of India.
