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Friday, April 9, 2010

Pre- 498a Steps

If you fear/know that a flase 498a complaint is going to be put on you :-

•Immediately file the RCR, if your wife is separated from you(Restitution of Conjugal rights is like saying” I want my wife back(who deserted me), but with the following conditions"- but since the wife's intention itself is wrong, she won't be able to agree to those conditions(u can even make the conditions more difficult and impossible, to make sure that she will not come back) , it is similar to divorce petition only thing the prayer the same will be asking court your safety , avoid harassment , blackmailing .

•File a police complaint mentioning Blackmailing, threat for false dowry case, or any other thing you have the evidence for. Do not forget to mention that she had left the house after taking a lot of jewelry and cash in your absence, as the case may be.

•Recording all the conversion if any(telephone recording devices, or miniature recording devices when in person discussions happen).

•File a criminal case in court under 156(3) under read cr. procedure 200 , with reference to police complain .(these are sections in the Code of Criminal procedure(Cr. P.C in short), 1973, reproduced alongside: Cr.P.C Sections 156. Police officer's power to investigate cognizable case
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned 200. Examination of complainant
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:

Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-

(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or

(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192:

Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.

•Take the certified copy from the court and keep with you.

Now just relax and whenever you come any place for discussion, just submit the court petition and say whatever you feel right do it, they are the criminals, you are not.

This will definitely ensure easier bail for 498A , which is the main problem .

Thursday, April 8, 2010

Ayesha settle at 15 crores


Great women, without Showing her face, Misused 498a and done extrotion of Rs 15crores & stelled with the Divorce? Jai Bharat Mata

http://www.mid-day.com/news/2010/apr/080410-Ayesha-Fareesa-Siddiqui-press-conference-Shoaib-Malik-divorced.htm

Although mediators, who struck the compromise between Shoaib and Ayesha,
have said the amount of nufqah is Rs 15,000 in public, sources revealed that
the deal was struck only when Shoaib agreed to pay up an, as yet unknown,
amount that is believed to be not less than Rs 15 crore

http://movies.indiatimes.com/news-gossip/news/Shoaib-Ayesha-settle-at-15-crores/articleshow/5773239.cms

Even if Ayesha only wanted a divorce and thats why she filed IPC 498a, its sheer legal terrorism, when she was never subjected to cruelty which would lead to loss of life or limb(definition of 498a) by her own admission, and hence she had no right to concoct IPC 498a on Shoaib(irrespective of whether marriage happened or not).