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Story of a Dumb 498a woman 
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Joined: Mon Sep 19, 2011 7:08 am
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In my 498a case, she had filed false case stating that she was beaten on 23rd june 2009 around 5.pm evening and medical certificate was made by her on 24th June 2009 at 10.am at varanasi govt hosp.

After framing of charges on us, when she came before court for first hearing of trial, on question raised by my advocate that where were you beaten, she replied hurriedly saying that she was beaten at Mumbai on 23rd June 2009 and thrown out of house.

On this judge asked her then how did u come to varanasi whithin 20 hours and why didnt you filed the case in Mumbai itself, for this question she didnt had any answer... and this gave a hope of winning the case..


Last edited by praddyvish on Wed Sep 23, 2015 8:20 am, edited 1 time in total.



Tue Feb 19, 2013 8:07 am
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ha ha stupid Biiiiaaatccchhh... Hope the same happens in my case...

Truth is god bro.. Watch what happens next.. I recon she wont come on following dates :p


Tue Feb 19, 2013 8:58 am
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praddyvish,
Did Varanasi police ever called you for questioning in CAW or otherwise:Please read the report of IO in Court records to ascertain your victory.


Tue Feb 19, 2013 10:08 am
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No, instead when they had went to our native place i.e in Varanasi (she has mentioned the address) and we were at mumbai. After a gap of 1 year of chargesheet being filed, we received the warrant in Mumbai in Jan 2012, then went to varanasi and procured bail. In the FIR as well as in the chargesheet the place of incidence is mentioned as Varanasi.

The hearing in this month was the first hearing after charges were framed on us.


Tue Feb 19, 2013 10:25 am
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I am loving it..498a wives puts all litigation from templates available to lawyers. Lawyer does not put much attention to draft the complaint, 498a wives just dont read entire content and blindly signs it off.. and the fun starts in court.

My FIL was stripped by my lawyer in cross of 498A. He stood like joker in witness box and lawyers in the court were laughing like a hell to his answers. Even judge was smiling for his answers.

Needless to say that They have stopped coming to court in 498A case now.


Tue Feb 19, 2013 10:29 am
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I was even surprised to see that when she filed DV case against me based on the same facts of 498a (dated july 2009) on Jan 2012, the dated on incidence (violence on her)was mentioned one month later to what mentioned in 498a case.

Now both 498a and DV are running before the same judge...: )

I am taking pause of making a move about the above mistake done by her ... and make her defeated from all side..


Tue Feb 19, 2013 11:09 am
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Joined: Mon Sep 13, 2010 2:30 pm
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All thanx to their ill drafted n false stories that 98% of 498a cases dont end up in conviction. Bad points are:
* It takes very long time to get this false case shut-up.......average 4 yrs
* No direct reward for the husband in form of DIVORCE, once he comes out
* Courts are not happy with filing Sec 340, 191 etc against these terrorists
* Most of the damage of 498a is FRONT END, old aged ppl, working men are striped-off their health, wealth n happiness.........still no punishment for false complainant or cops!
gal


Tue Feb 19, 2013 1:29 pm
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Joined: Tue Aug 14, 2012 9:04 am
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galsober wrote:
All thanx to their ill drafted n false stories that 98% of 498a cases dont end up in conviction. Bad points are:
* It takes very long time to get this false case shut-up.......average 4 yrs
* No direct reward for the husband in form of DIVORCE, once he comes out
* Courts are not happy with filing Sec 340, 191 etc against these terrorists
* Most of the damage of 498a is FRONT END, old aged ppl, working men are striped-off their health, wealth n happiness.........still no punishment for false complainant or cops!
gal


Scars of this terrorism will be there permanent in life.....


Tue Feb 19, 2013 2:26 pm
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Location: Delhi
The whole life and its perspective changes especially if u r closer to 40 yrs of age......U lose faith in relationships


Tue Feb 19, 2013 2:44 pm
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Joined: Mon Apr 30, 2012 11:18 am
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I agree.

Whole point is the front end damage we face in the beginning in this entire episode.

In DV we face IO

In 498a we face arrest/bail and police extortion

plus the rigmarole of trial for 3-5 years.

Invariably, opp side only faces front quick wins and very heavy rear end casuality.


Tue Feb 19, 2013 3:18 pm
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I do not want to discourage praddyvish but Judge will do this man time to show you that he is not biased but if result is in your favor then only feel successes. In my case the judge scolded the girl so many times but the announcement in written paper are against all against us. we wanted to invite the doctor ( we had similar case as you) so that we can prove the the injury to the girl is not because of beating but because of some minor accident she had in her own town. But judge refused this such a small thing.


Tue Feb 19, 2013 5:39 pm
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One more thing i will like to mentioned here is that i had got exparte divorce (notice was served upon her) in July 2010, where as we received warrant in 498a in december 2011 and the case of DV was filed by her on Jan 2012.

As per my knowledge(if i am not wrong), the DV is not maintainable unless husband and wife are living together, and even the case can only be filed within one year of incidence. In my DV case she has mentioned incidence of violence as on July 2009 (copy of 498a except the date) and filed the same in Jan 2012. Incidence of violence mentioned as happened in varanasi.

Now, our advocates stand will be that the DV is not maintainable as husband-wife have not resided together since June 2009 (as mentioned in my divorce decree, i was in mumbai) and are divorced since July 2010, and even the DV case is filed after 3 yrs of gap...

With 498a, we are likely to get DV case dismissed by raising maintainable issued.


Last edited by praddyvish on Wed Sep 23, 2015 8:21 am, edited 1 time in total.



Wed Feb 20, 2013 8:12 am
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praddyvish wrote:
One more thing i will like to mentioned here is that i had got exparte divorce (notice was served upon her) in July 2010, where as we received warrant in 498a in december 2011 and the case of DV was filed by her on Jan 2012.

As per my knowledge(if i am not wrong), the DV is not maintainable unless husband and wife are living together, and even the case can only be filed within one year of incidence. In my DV case she has mentioned incidence of violence as on July 2009 (copy of 498a except the date) and filed the same in Jan 2012. Incidence of violence mentioned as happened in varanasi.

Now, our advocates stand will be that the DV is not maintainable as husband-wife have not resided together since June 2009 (as mentioned in my divorce decree, i was in mumbai) and are divorced since July 2010, and even the DV case is filed after 3 yrs of gap...

With 498a, we are likely to get DV case dismissed by raising maintainable issued.

Regards,
Pradeep Vishwakarma



you are in safe harbour, but still you have to weather the storm!


Wed Feb 20, 2013 8:15 am
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praddyvish wrote:
One more thing i will like to mentioned here is that i had got exparte divorce (notice was served upon her) in July 2010, where as we received warrant in 498a in december 2011 and the case of DV was filed by her on Jan 2012.

As per my knowledge(if i am not wrong), the DV is not maintainable unless husband and wife are living together, and even the case can only be filed within one year of incidence. In my DV case she has mentioned incidence of violence as on July 2009 (copy of 498a except the date) and filed the same in Jan 2012. Incidence of violence mentioned as happened in varanasi.

Now, our advocates stand will be that the DV is not maintainable as husband-wife have not resided together since June 2009 (as mentioned in my divorce decree, i was in mumbai) and are divorced since July 2010, and even the DV case is filed after 3 yrs of gap...

With 498a, we are likely to get DV case dismissed by raising maintainable issued.

Regards,
Pradeep Vishwakarma

The day she lodged 498a, u were not her HUSBAND as divorce decree was in ur hands. Blast the 498a on this ground. Whether its ex-parte, not ur headache. If she thinks o'wise, she has to challenge this ex-parte 1st as to make her eligible for 498a.
As far as DV is concerned, read Bhanot SC judgment. Dv case sustains even after 1 yr of couple living separately.
gal


Wed Feb 20, 2013 9:15 am
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Joined: Mon Sep 19, 2011 7:08 am
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Sir, though the warrant of 498a was served upon us in end 2011, it was filed on August 2009.


Wed Feb 20, 2013 9:20 am
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praddyvish wrote:
Sir, though the warrant of 498a was served upon us in end 2011, it was filed on August 2009.

U did nt make this point clear in preceding post


Fri Feb 22, 2013 5:53 am
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Thanks for your views..

I'l keep the thread (story of a dumb 498a woman) updated as the case proceeds.

regards.


Fri Feb 22, 2013 12:49 pm
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Joined: Mon Sep 19, 2011 7:08 am
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On last hearing, below mentioned statement was given by her before Judge...

I don't the disnt between my residence and husbands (which is barely 4 kilo)

I don't know there is a local police station nearby my village..

I don't know how i came back to my home from my husbands place when they threw me out after harassing for dowry..

I don't remember the way by which i came back..

I don't remember how many people harassed me.

I don't remember the bruises and wounds in which they were inflicted by my in laws..

I don't remember the advocate through which i had made application of private complaint for registering FIR.

After marriage i have been never to been to my husband home neither in mumbai nor at native (she has stayed at both places)

......




Dear Friends, what could be the consequences for such statement given by her......


Thu Jul 18, 2013 8:19 am
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Joined: Fri Apr 13, 2012 11:51 am
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She is trying to close her cross asap.
You have two options...
Either to cross her further and screw her royally....some more time wasted but your case would become stronger.
Complete her cross and start yours.....maybe she wants to grill you once your cross comes or she is planning to get over 498a asap.

Personally I feel with such frivolous answers you should grill her further and make sure thst judge has no option but to close the cases in you.


Thu Jul 18, 2013 8:51 pm
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Joined: Tue Nov 06, 2012 10:59 am
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after all the bullshit she said abt this "I dont know/remember" etc

Why dint your lawyer blasted her out and made a sweeping plea to judge that she has cooked up a false story and now wasting time of court when she doesnt even remember material facts important to case.
And asked for dismissal of case etc or watever.


Fri Jul 19, 2013 9:21 am
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Joined: Mon Sep 19, 2011 7:08 am
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Part of her statements are to be recorded in next hearing....


Fri Jul 19, 2013 10:18 am
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On perusal of papers, the below mentioned facts were known:::

Wife had filed private complaint u/s 156(3) for registering FIR (498A CASE)

In the FIR & CS filed by the police, the fourth defendant is one of my relative who was not included in the above said private complaint.

In application u/s 156(3) - fourth accused was Harilal (my grandfather)

Whereas in the FIR & cs - fourth accused Harilal was replaced by Hiralal (my brother in law)

Pls note the order u/s 156(3) for registering FIR was given for Harilal (my grandfather).

Please advice me, as the trial has started and Hiralal who is my brother in law is facing the trial for no reason.
Can an application be made to the court for the mistake done by the police so that my brother in law could be relieved from trial and can i file any complaint against my 498a wife for keeping silence and taking advantage of the above mistake (deliberate mistake).


Kindly advice..


Thu Apr 10, 2014 5:45 am
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Ask your BIL to file for quash in HC and stay in proceeds of LC.


Thu Apr 10, 2014 5:20 pm
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bewakoof!@#$%^&* lawyer/police/court
hiralal ko pannalaal nahi banaya


Thu Apr 10, 2014 7:14 pm
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From the cross answer which your lovely did. Judge may write following in the judgement

Acquitted as complainant could not prove the case :-)


Mon May 12, 2014 12:45 pm
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Joined: Mon Sep 19, 2011 7:08 am
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Dear Members,
Sorry for coming back at the forum after such long time.

New update:

First point - As per her submission before the court that she was beaten at mumbai, we had challenged the jurisdiction of the court to which court taking time of about one year gave order that in 498a cases even if the bitches are harassed at their matrimonial home (in my case according to her she was harassed at mumbai) she can file the case at the court near her parents home if she is staying at parents place as act of harassment done at mumbai will be considered to be done at her parents place.

We are thinking of filing appeal against the above order.

Second point - In statement before the court she and her brother (appearing as witness) have admitted that they along with their father have given dowry according to their capacity.

Pls advice what should be my next step..

Thanks


Wed Sep 23, 2015 7:32 am
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I have judgments on jurisdiction

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Dare Devil


Wed Sep 23, 2015 7:36 pm
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Pls send me the citation of same.

Further, in DV case which was filed after divorce of two years, magistrate had given exparte order for giving mainatainance, we appeared in rhe matter and application to set aside the same which was allowed. Now the matter will proceed from zero level.

Now I am thinking of filing application saying that the case was filed after two years of divorce separation wherein there was no domestice relation and due to which case should should be dismissed citing various judgments.

Seniors pls advice me about the steps to be taken also about her submission of giving dowry in the statement given before magistrate.
Thanks.


Thu Sep 24, 2015 3:58 am
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Ramesh vs state of TN, AIR 2005 sc 1989
Rajaram venkatesh vs state of AP, 1993 cri LJ 707

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Thu Sep 24, 2015 5:32 pm
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