Counter case in 498a and DV
Counter Case Logic after false 498a, DV and CrPC 125
If your dear and lovely wife filed the flase 498a, DV act, Crpc 125 then 1st question you will ask to your Lawyer and friend like which counter case I can filed on my wife for Revenge
“ Revenge is often like biting a dog because the dog bit you”
In Indian Law system we can divide the counter case into Four Category
Why should we filed the Counter case in Family dispute ?
If you use counter case as just another strategy in your game plan to exit from your family dispute and put the wife in back sit it worked like Wonder…!
- Wife ready for negotiation
- Mutual divorce ( MCD) can be possible with no money or minimum amount
- You can free from all the future litigation
- You can start your new life
But well well ….. !
If you use counter case to harassed your wife and take the revenge then most of the time it backfire. End result you will end up with nothing..! 🙂
Counter case can be divided into 3 pursues
- Safety type of Counter case:: i.e ( Non-cognizable compliant )
- Attack the Opposite party’s Evidence: i.e ( TEP, Perjury, Informative section)
- Pressure Tricks for MCD :: i.e (Defamation Suit (Civil or Criminal) / CrPC 340 / Extortion / Section 420)
“What is of supreme importance in war is to attack the enemy’s strategy not the enemy”
When to filed the count case
When you are planning to attack make sure following important points
1. Secure your self and your family member as 1st priority ( like bail, acquittal, Quash etc )
2. Make sure you sufficient Time / Energy / Resource / Money to fight the cases
3. Make sure that 80% safety 1st and 20% attacked strategy
4. Best time to file the counter case is after the CROSS of wife or after the case is over as per strategy
5. Let’s 1st give the chance to wife and let her expose all her evidence.
6. Understand the opposite party strategy by giving her proper time to let her utilized all her resource / energy / contacts etc
7. Make sure your attack will hit 101%,
Introspection to Check before filing the counter case
1. It will increase the litigation
2. Your resource utilization like time / energy / money / effort and Lawyer follow-up
3. Each counter case has it own time limit ( for example Defamation case need to file in specific time frame or DP act has one year time limit )
4. Delayed justices system in India
5. Corrupt System and Favoritism towards women.
6. It will disputed your life peace and future plan.
7. Some time it may backfire
8. Each counter case and section has it’s own merit, advantage and dis-advantage
Defamation cases are of 2 types:
1. Civil defamation where you will claim monetary compensation.
2. Criminal defamation where you will seek punishment to the offenders.
Don’t think these cases will win ultimately and anyone will fight it till end BUT these weapons can scare the opposite side and her supporters and eventually force them to come for a Divorce and withdrawal of all cases against you.
TEP ( Tax Evasion Petition) : This is extrajudicial weapons this do not increase your ligitation but it will be very helpfull to dissmiss the DV and 498a and also put the pressure on opposite party do not dealy the filing TEP in your case if you have proper merit of TEP in your case filied ASAP at the Income Tax Commissioner and also at the Commercial Taxes Commissioner (state)
Check the TEP format
If FIL or MIL are govt employees, approach their offices if they have said anywhere of giving dowry. Use RTI to get information. You can also file DP3 against the in-laws if they said anywhere on oath that dowry was given.
Some are the important IPC section used in False case are
CRPC 340 AN EFFECTIVE TOOL TO COUNTER AND TO DEFEND
• 191. Giving false evidence
• 192. Fabricating false evidence
• 193 Punishment for False evidence
• 195. Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment.
• 199. False statement made in declaration which is by law receivable as evidence.
• 200. Using as true such declaration knowing it to be false
• 209. Dishonestly making false claim in Court
• 211. False charge of offence made with intent to injure
Defamation.
• 499. Defamation.
• 500. Punishment for defamation.
Extortion ( IPC.Section:383 to 389 )
• PC Sec: 384 (Punishment for extortion): Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
• IPC Sec: 385 (Putting person in fear of injury in order to commit extortion)
• IPC Sec: 386 (Extortion by putting a person in fear of death or grievous hurt to)
• IPC Sec: 387 (Putting person in fear of death or of grievous hurt, in order to commit extortion)
• IPC Sec: 388 (Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc)
• IPC Sec: 389 (Putting person in fear of accusation of offence in order to commit extortion)
If you want to attack first, document her greedy demands in some form (email, phone recording, letter, third party witnesses, etc) and then file a criminal case in India under IPC 389.
Definition of IPC 389:Indian Penal Code IPC-389
Putting person in fear of accusation of offence, in order to commit extortion.
Classification : According to Para 1 – This section is Non-bailable, Cognizable and Non-compoundable.
Triable By : Magistrate of the first class.
Punishment : According to Para 1 – Imprisonment for 10 years and fine.
Depend upon your strategy you can use the following Section for Counter case
- 120A/ B: Criminal Consipracy
- 321. Voluntarily causing hurt
- 378. Theft
- 380. Theft in dwelling house, etc
- 403: Dishonest misappropriation of property
- 405: Criminal breach of trust
- 503: Criminal Intimidation
- 504: Intentional insult with intent to provoke breach of the peace
- 182: Giving False information to public servant:
- Then there are other cases, which might apply in very particular cases, and can be 307/ 323/ 377 etc
After the case is over you can follow the following step
1. Press Release to with detail and let society know the false and frivolous cases are reality
2. Filied the 499/ 500 or 182 or any such other cases
Wait for more blog with detail of each counter case and advantage and disadvantage
Check Important Link
mensrightactivist 