MyNation Foundation Forum » Advice » 498A

Counter case to make 498a strong

(4 posts)
  • Started 7 years ago by dowry.victim
  • Latest reply from Dr.Dsouza
  • poll: Misuse of 498a will increase the population of orphan children as well as 498aWives?
    Yes, after 498a, No one like to keep her as wife : (11 votes)
    92 %
    No, after 498a, I still love my wife & children : (0 votes)
    Yes, but kids are staying with father : (1 votes)
    8 %
    No, I am not sure : (0 votes)
  1. dowry.victim
    Member

    I am NRI and implicated by false 498a case after 10 years of marriage. She filed false allegations in chargesheet which definitely cannot be proved in court. Immediately after 498a, she filed another DV & maintenance case. But I will not give up. I would like to fight for it till I get verdict from the court. I am seeking advice what counter cases should I file to make 498a strong. Please advice.

    Posted 7 years ago #
  2. Dr.Dsouza
    Member

    If you win, you can file Damage and defamation;
    But some lawyer agree to file defamation even when case is going on and not decided.
    all counter cases depend on the situation, as we are not sure what sort of FIR she filled.
    You can counter her Every word if you have proof or you can prove her wrong.
    Even you can sue her for giving dowry. such Judgment you can find here http://mynation.net/docs/sitemap/
    and also read http://mynation.net/ipc.htm so you can make list of IPC you can apply when you file Counter case on her.

    Posted 7 years ago #
  3. dowry.victim
    Member

    Thanks Dr. Dsouza for your valuable info. In my case, she filed FIR & immediately at the same day Chargesheet also been released. In Chargesheet she had mentioned 20 charges, out of which I have evidences & proofs for almost all charges except 2 or 3 charges. These 2-3 charges also minor. My advocate is telling me not to rush to defamation but we will fight it. Yes, she agreed in her statement that she had given dowry of half crore worth property under my name. How can she prove this? My question is, If I file any case against her, do I need to present in India for hearing? Please advice.

    Posted 7 years ago #
  4. Dr.Dsouza
    Member

    Ask Your Lawyer to file Counter for giving Dowry, [ Read IPC where it says giving Dowry also crime equal to demanding it) so she should go to jail 1st for giving.
    File a RTI with her Income Tax or inform IT about this half Crore.
    for some cases only your presence is required to file for others your lawyer can do / Represent you.
    and do not forget to file RTI to same Police who framed charge sheet, where they found she gave half Crore property is True.
    Let me know if you need format of this RTI

    Posted 7 years ago #

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