- This topic has 4 replies, 1 voice, and was last updated 12 years, 6 months ago by Anonymous.
05/10/2009 at 10:59 AM #141AnonymousGuest
I am Posting this on behalf of ANIL BHATIA of Delhi, after his Victory Over Flase case, what he has done from his own Words.
Send advance complaint immediately by email/regd ack due to CP/DGP and cc SP/DCP of your state /district expressing apprehension of getting implicated in false criminal case and that you are getting threats of 498a.
2. Record her conversations on cellphone. Best is Sony Ericsion phone. Make CD. But be sure to be polite and very decent in conversation. Dont get angry at all and try to elicit/extract her wrongdoings and incidents of her wrong behaviour very diplomaticaly.
3. If you feel matter can not be resolved at all and you have finally decided to sever ties with her, first you approach the police/court with your complaint case invoking sections 388 and 506 of IPC. For details on counter cases before and after 498a pl refer SIF website for 498a survival guide and many other related sites like mynation.net and bok498a.blogspot. com. You will get full and explainatory details on these. And in your case SC judgement dtd 24.10.2008 (State vs Madhusudan Rao) on delayed FIR will be helpful.
4. Never file Divorce case first. File criminal cases only against her and her family members particularly female members suitable to your plight. Get in attacking mode.
5. Visit SIF weekly meetings wherever you are, since you haven’t mentioned your place.
6. Put up a brave face and never falter or lose confidence in front of your enemies. Nurture killer instinct.Show them that you are not afraid of even getting hanged leave alone going to jail. Hope for the best and prepare for the worst.
11/11/2009 at 9:41 AM #996AnonymousGuest
I understand everything else in your posting and agree with it. But I am not sure, why you say that you should not file for divorce first. My wife filed a Sec.498A complaint about 8 months after I had filed for divorce. She had also filed a Domestic violence case a month before I filed for divorce. I have used this at every occasion that this is a matrimonial dispute and not related to dowry harassment at all. I won’t say that the argument is a 100% effective, but not filing for divorce does not make any sense to me. In fact the argument that a divorce case was already under way helped me to a certain extend in getting anticipatory bail in Sec.498A case.
Please clarify as I am curious to the reasons.
12/11/2009 at 8:58 AM #997AnonymousGuest
I agree with Sanjay. The idea of not filing Divorce is incorrect. IF you have already filed divorce, you can then say that 498a etc is just retaliatory case. Makes your case stronger.
06/12/2009 at 3:06 PM #998AnonymousGuest
are cell phone evidences are accepted as evidences?
What if she denies that its not her voice?
07/12/2009 at 7:27 AM #999AnonymousGuest
There are judgments were such audio/video proofs accepted by court, if those are original form of evidence.
check http://mynation.net/docs/sitemap/ for such judgments
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