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498a Discussion Forum - View topic - 498a / 406 / 34 / D.P. 3 & 4 filed
It is currently Thu Sep 29, 2022 5:24 pm



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498a / 406 / 34 / D.P. 3 & 4 filed 
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Joined: Tue Sep 24, 2013 4:13 pm
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Hello members,

my wife had filed a false case of 498a, 406, 34 and DP 3/4 against me and my mother.

:(


Mon Sep 30, 2013 6:46 am
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Location: Delhi (India)
Obtain bail and prepare to fight the case on merits.

Regards,

Shonee Kapoor





Mon Sep 30, 2013 5:32 pm
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today/ tomorrow is my mother's hearing. there arnt any direct allegations against my mother in the fir. also my mother is 61 (snr ctzen) and suffering from high bp / hypertensn. lawyer has told that he will get my mother bailed first and then apply for mine. everything in the fir is a badly cooked up story using words like hit, slapped etc a lot of times (perhaps directed by their lawyer). i am gathering evidence of my merits as well as negate some false portions of the fir.. still too many hit, beat words and dont have evidence to counter them all... after all this mother is seriously ill.. lets hope she gets the bail quickly


Last edited by gbanerji on Mon Apr 14, 2014 7:38 pm, edited 1 time in total.



Tue Oct 01, 2013 5:07 am
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Brother it is her case to proof and not you to disapprove the allegations.

Regards,

Shonee Kapoor





Tue Oct 01, 2013 12:05 pm
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thanks shoneek,

my 498a has submitted a presciption made a day before filing her FIR alongwith that she has back pain and hand pain accusing me its because of me ... she had been complaining about back pain and hand pain for last 6 months and is a common problem of people working extended hours in IT companies. we both work in IT companies in kolkata. i heard she also submitted some old presciption (june 2010) accusing me of hurting her and some google chats perhaps. i checked my chat history and didnt find too much harsh words for her except that i didnt want to talk to her after she had misbehaved with my parents once.. i dont know how that can help her in 498a or DP.

the judicial process is very slow and i have taken emergency leave. i have already got mails for absconding etc from office and had been asked to report asap. still trying to manage the situation in office to avoid job loss. it will be almost a month before my case comes up. in this i require your suggestion from your experience. the current situation is that my mother's bail is waiting in hc and will take one more week. i have applied in lower court for bail and waiting for dates. if my mother gats bail from hc it will help my case in lc. what are the chances that i get bail in lc itself? if not in lc will the situation improve in hc? do you suggest that i give a court arrest in hc, will it help my situation? as far as my job is concerned, 72 hours of custody will lead to job loss.


Wed Oct 02, 2013 4:44 am
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secured my ab in lower dm court by submitted counter evidence good enough to close the case that very day itself. got no arrest order for 5 days from court when it send the evidence for police verification... but police wont accept their mistake so didnt send report back.. resubmitted the evidence copies on next hearing .. judge listened to my case for over 15 mins (while other barely got 5 mins).. reviewed all counter evidences after court hours 10pm... got response around 11pm from lawyer that ab granted.

satyameva jayate


Tue Nov 05, 2013 4:21 pm
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congrats buddy


Tue Nov 05, 2013 4:58 pm
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given below are the details mentioned in the FIR: (after deleting 80% of it)
during marriage the father gave as per demand 20 bhoris of gold, gifts, furniture, utensils, etc.
her parents came but they were not allowed to stay
8th sept torture reached extreme levels and she threatened that she will complain to police
she got back pain due to beating and she made medical certificates of them and submitted to police

back pain and body pain.... stretch marks... are stretch marks (due to fat) can be called as marks wounds .. the IO wrote so???

... charges 498a, 406, 34, 3/4 dp act

3 lawyers drafted the fir.. preplanned 1 month before... complete guidance of lawyers working for her


Last edited by gbanerji on Fri Dec 06, 2013 6:29 pm, edited 2 times in total.



Fri Dec 06, 2013 1:58 pm
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Banerji,
you should prove that your wife is stronger than you, there is no way you can beat a stronger woman, So alleged beating wouldn't be taken into evidence.
Summon your neighbors and friends who watched your marriage life to court house to testify.
Take a clear look of medical certificates and send RTI to find out alleged physical beating as per medical records.
the alleged demand of the dowry can only proved if she has substantial material evidence to back it up.
She can spend money in sraddha of father in law which is not dowry sec. Husband & wife both may support family financially & economically by their salaries which wouldn't consider as dowry harassment.
Gather as much evidence as possible to fight back.
Your FIR is baseless man. That is the reason you got AB. You are going in right track. Keep it up.


Fri Dec 06, 2013 2:49 pm
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well.. the fir is full of lies... what i learnt from my investigation.. the FIR was drafted by 2 lawyers and 1 person who works under one of them.. i.e 3 persons... i suppose their qualifications failed them


Last edited by gbanerji on Fri Dec 06, 2013 5:39 pm, edited 1 time in total.



Fri Dec 06, 2013 2:56 pm
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What happened to me after FIR:
on 10 sept she filed fir to police.
on 16th sept.. monday.. i learned that police has come to my office to arrest me.

on 25th oct the vacation court took my documents and sent to IO for verification of the same.. I got my stay on arrest till 31st... IO didnt cooperate on verification of the documents i even visited the IO with the stay on arrest information and submitted to him. ... on 31st oct was my next hearing in vacation court... . on 1st morning i came to know ab was granted and i rushed to colect the information from the lawyer.. my mother got her ab from hc on 13th oct while i already had mine.

... on 15th while i was going to have tea outside office my xxxxx saw me in office and probably called up IO or someone in her home to later called IO to apprehend their criminal.. the IO came to my office again on 15th nov and i showed him the information of my ab.. went away when i told him that i will come to his thana to submit original of information which i did.


Last edited by gbanerji on Fri Dec 06, 2013 5:43 pm, edited 1 time in total.



Fri Dec 06, 2013 4:14 pm
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* when i had my stay on arrest i went to meet IO with copies of evidence (documents).. he didnt receive them
* i supposed the PP informs the police of proceedings.. because the case diary is pursued by judge as per ab.. so they should be knowing... still came to apprehend me on 15th in my office.
* i had been meeting the IO regularly since then, whenever called for, but still on 26th nov he came to my house to arrest my mother. my mother had already secured her ab on 13th nov .. i dont understand what they wanted.. i had repeatedly told them that i will submit the copies of AB to IO when i get the certified copy..
* i suspect he got heavily bribed or had been working under political pressure, he couldnt extort us because we have our bail.. what else did he wanted?
* informed IO that i will go for court arrest when i went to submit the copies of AB of both of us.
* submitted copies of AB to local thana in case they come to harass us again.


Last edited by gbanerji on Fri Dec 06, 2013 5:46 pm, edited 1 time in total.



Fri Dec 06, 2013 4:27 pm
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Brother, It's not advisable to put so many details in a public forum. If I were you, I'd delete some of the detail posts and only post summaries.


Fri Dec 06, 2013 5:13 pm
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deleted most of it... but some questons....

1. the AB doesnt have any time limit mentioned... but mentions that i need PR bond of 2000 in case of arrest.... who gives PR bond?
court or police?

2. a lawyer told me that i can go for PR bond by court surrender and then get it done from respective PS... then persue for CS. can anyone explain.

3. Also, what if i dont get myself a PR bond or what if i dont surrender at all? the AB doesnt have any time limit mentioned.

4. how to i know the thana has CS filed and matter is in court?

5. also, i have a feeling that complainant party might withdraw the case because its false. they know it well its false and would perhaps like to avoid courts... their motive of actually causing damage like job loss and police custody jail, death of my mother due to custody, my suicide due to social embarassment, etc didnt work out... can they withdraw it?? i know the io will favour them some some reason. can they nullify then CS in thana itself ?

6. what counter cases can i file after CS? i have lot of things in her flat.. including my daily necessities clothes etc... do i 406? aquittal will take time.. i heard .. in years..

irony... suppose i suicide due to false 498a embarassment... my xxxxx still inherits my assets..

satyameva jayate


Last edited by gbanerji on Fri Dec 06, 2013 6:25 pm, edited 2 times in total.



Fri Dec 06, 2013 5:31 pm
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Banerji,
Don't worry about FIR content, you are moving in right spirit. Keep going...
Most of the FIR templates in this forum looks exactly same like you, Its not only hard for your wife to prove the alleged allegations in the court but its impossible.
As I recall from your discussion above that your wife was working , So you need not worry about maintenance in your case. So what's your plans on divorce ?


Fri Dec 06, 2013 6:01 pm
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yes.. my wife is working and earns more salary than me.. i have her form 26as


Fri Dec 06, 2013 6:05 pm
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Banerji,
Knowledge is wisdom, you gained lot of knowledge and did good ground work. We need more people like you to teach good lesson to 498a gangs.
I'm proud of you.


Fri Dec 06, 2013 7:06 pm
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I think now I understand whats a Personal Recognizance Bond. It means you are released from jail without posting bail. They just trust you to show up for court. And these are usually given only for misdemeanors, not felonies. Simply means, that the court understands that you are probably not a culprit (of high degree).

The P.R. bond is something that is provided from police station once you submit to them a certified copy of your AB (which mentions that you are released on PR bond and you cooperate with IO). will be seeing him soon.

update:
my mother performed a court surrender..


Mon Dec 09, 2013 5:21 pm
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I went to the PS to visit the IO because i have got pr bond mentioned of 2000 mentioned in ab.. but on reaching there i learnt that the io is transferred. even the "babu" (IC) of the ps was on leave and perhaps just returned... these things are unnecessarily delaying the process...

however i think it is better that the IO got away from this case. i hope the new io is not getting bribe and would take into account the real situation.


Sun Dec 22, 2013 11:06 am
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Update:
Submitted PR bond (certified copy) and court copy of normal bail for my mother to IO. He asked me to come along some day with my documents/proofs. Do you think this is a good idea? The docs can help me manage the case and maybe take down 1 or 2 IPC from the CS but I am afraid if the docs are passed on to the xxxxx party... kindly suggest.

I went to court a few days back for my mother's attendance and she no longer needs to go there unless summoned. I will be going again after a few months.

But xxxxx party is still not satisfied and they are busy looking for ways to cause further trouble like involving gundas to beat me up, etc. (came to know from political sources)

Since I have lot of my personal belongings at xxxxx's flat i need to 406 against them to get them back as advised by my lawyer. What other counter cases can be filed against them at this moment so that they are busy with it and don't keep planning how to screw my life? Kindly help.


Fri Dec 27, 2013 9:10 am
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Main documents which will form ur weaponary during the trial shud not be divulged to IO.
Bringing them directly in court as exhibits is advisable


Fri Dec 27, 2013 1:49 pm
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thanks gal... i have only told the IO that the 406 is not applicable as the items stated in the FIR is already in possession of the complainant. he can verify the same by visiting her residence and checking her locker in her local sbi bank.

latest addition:

since i got bail from 498a.406,34,3/4 she has now added another complaint based on same FIR content but on new FIR on DV Act. summon received today along with a list of articles including 2 ornaments (alredy with her) wooden alna, pillows, bedding etc, clothes, bowls etc, shoes sandals... this is different from the initial 406 complain...


details:
1. redirecting to pay 30k maintenance because my sal is 80k (i earn half than that).. though she does near 80k pm
2. pay money extorted from her 3 lakh, plus my fathers treatment 1 lakh 60 thousand
3. 20 lakh compensation for loss and injuries.

i am totally fed up of being mentally harassed by the xxxxx... she had physically harassed my mother causing high bp and hypertension problems... she is aged 62+ and my father passed away in march'13. i cant bear this anymore.

i knew these people are up for mischief.. they are contacting local gundas but it didnt work so now they are filing complaint after complaint.


Tue Dec 31, 2013 4:50 pm
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DV act has nothing 2 do with police in the initial stages.
Hire a lawyer to represent u.
streedhan can not be recovered via DV case


Sat Jan 04, 2014 5:34 pm
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thanks gal .. i guess then stridhan will process as per 406...


Sat Jan 04, 2014 8:25 pm
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498a is stuck at PS and CS is not done yet... meanwhile the DV case is moving forward.

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gbanerji
"Fear can be overcome only by facing it."


Wed Jan 29, 2014 11:50 am
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update on my 498a case.... the third io for my case has finally decided to move things forward... this saturday he came home and took away the little belongings he had at our home to close 406. hope he cs soon...

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gbanerji
"Fear can be overcome only by facing it."


Mon Apr 14, 2014 7:33 pm
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once i submitted a reply that the dv case is not maintainable, the other party is trying vehemently to get my 498a bail (pr bond) cancelled somehow. they are running from ps to courts..

finally i got my cs number. i will ask my lawyer to collect it from court.

now the question is.. i heard DV proceedings go ON-HOLD while 498a is in progress (correct me if i am wrong).. is it a good idea to do put the dv case on hold on this ground?

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gbanerji
"Fear can be overcome only by facing it."


Sun Apr 20, 2014 4:58 am
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498a and DV run separately
if in same court, they can have same dates though


Mon May 12, 2014 11:55 pm
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thanks..

the 4th hearing for dv this month end... first thing is to stop her maintenance as she is getting more salary than me. i have told my lawyer to use their own terms "equal standards of living" against them as her salary is higher than mine. next month will be first hearing for 498a. hope i can close this faster. my lawyer told me that 498a is a piece of cake now-a-days. lets hope he is right.

now that my CS is done is it a good idea to use rti to extract information from police? how do i find out where to send the rti application and address to whom, can i call the ps and ask them?

the IO once told me that she has also filed some (false) complain in xyz police station as well. can i send an rti application to know about the same or call the respective ps to know the status? kindly suggest. till date no ps had sent me any letters. i only got the dv summon from court.

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gbanerji
"Fear can be overcome only by facing it."


Sat May 24, 2014 6:53 am
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dear sir

very happy for your triumph. kindly send me details and your contacts for my case


Mon May 26, 2014 3:59 pm
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sir,

I NEED YOUR AB DETAILS AND GUIDANCE AT AN EARLY DATE. KINDLY HELP ME


Tue May 27, 2014 5:49 am
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buddy jkjkjk,

my case has not even started yet...

pm me your contact details i will get in touch with you.

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gbanerji
"Fear can be overcome only by facing it."


Tue May 27, 2014 6:17 am
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The 498a trial will begin next week.

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gbanerji
"Fear can be overcome only by facing it."


Sun Jun 15, 2014 6:58 am
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useless day.. lawyer wasted my time and money in visiting the court today... date is 2 months later.

meanwhile... something useful

format of application of AB format only
http://www.498a.org/forum/viewtopic.php?f=11&t=13632

grant of AB (PR bond) format only
http://www.498a.org/forum/viewtopic.php?f=54&t=13633

_________________
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gbanerji
"Fear can be overcome only by facing it."


Fri Jun 20, 2014 10:35 am
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Location: agra
hello alls my marriage was solomnized on29 apr 2013 and we r in relation with her from 02 may 2013 and she stay with me my home just 15 days and we all surprized she was pregnent a nd the ultrasound report was done and the g-sac[/color] was 6.6 mm in size and the age was 5weeks and 3days + - (plus minus) 1week
later she was stayed with me alone without my family at my workplace city till december
now one issue born on 07jan 2014and now she wants money for the child and also for self and force me to leave all the relations and mother father and if not then i loged a false complaint against u and ur family members i didn't she and her family members all are in police dept.and warn me to this otherwise u will suffer , now i filed a petition in u/s 9 HMA
now she alleged file FIR in u/s 498a 323 504 506 and 3/4 dp act and now the matter is in mediation at district level.
now what can i do to cop with this problem
can i wait for police report or file petition for bail at lower court or go with arrest stay from allahabad high court(in these matter court just ordered that all member except main petitioner (husband) may not be arrested till the submission of police report and the husband may surrender in court concerned and apply for bail in this) can I apply for bail before mediation or on certify copy of FIR.can i give seperate petition for DNA test of child boy before court if yes then tell me the right procedure.


Mon Jun 23, 2014 7:02 am
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_________________
“In theory, theory and practice are the same. In practice, they are not.”

http://498afaq.blogspot.in/
http://www.498a.org/contents/general/Ne ... elines.pdf

Good Luck


Mon Jun 23, 2014 7:49 am
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Sat Jun 28, 2014 2:52 am
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_________________
Regards,
gbanerji
"Fear can be overcome only by facing it."


Wed Jul 02, 2014 8:40 am
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Update on my case:
finally got my hand on the 498a CS/WS.
CS is nothing more than mostly a copy of FIR but certain aspects are missing... specially the loads of lies she wrote about spending money in my father's hospitalization which i already denounced in DV reply which is ongoing...

4 WS are there...
1. father
2. mother
3. 2 neighbours ..

the f&%$% cops didnt submit the PR bond along with CS.. i have a scanned copy though

also medical report from municipal hospital which states:
on examination:
ache and pain all over body.
cause of injury:
as stated by party : 1. me 2. my mother
nature of weapon used:
hand, leg.

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gbanerji
"Fear can be overcome only by facing it."


Fri Aug 22, 2014 3:13 pm
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a month back i sent an RTI under section 6.1 requesting for FIR copy, evidence file copy and CS copy. almost close to month end i got a reply that CS XXXXX is submitted to court and asked me to collect from court. i didnt go for further appeal... should i go for it? i have it already now thru court.

today i placed an RTI under section 7.1 life or liberty today,... its a 12 page document asking in yes/no and justification of FIR findings in details like:
1. latest guidelines
2. if there is a circular based of joginder kumar vs state of up.
3. io details
4. actions to be taken
5. actions that were taken
6. date time of magistrate order, preliminary investigation, expense to police dept, etc
7. whether guidelines of judgement neera singh vs state ( DP rule 2)
8. asking for bills of gold etc
9. evidence which suggests that gold is with me
10. furniture etc.
11. evidence of taking away entire salary of wife etc as written in fir
12. if rule 2 is not followed why 406 was framed
13. if fir mentioned " since my father did not give any cash for dowry" when how come3-4 DP act was framed
14. what actions are taken by io when failure to provide rule 2 document?
15. what evidence has io found that the items mentioned are given ON DEMAND?
16. kindly provide the statements which suggest that accused had not demanded dowry or harassed.
17. reports were made in local ps in all these years? yes/no. if no why?
18. why fir was not made in local ps where the alleged crime happened.
19. investigation of crime is done at crime scene. kindly let me know whether investigation was carried out in local ps area / shimla (honeymoon place).
20. fir mentions beating in 2010 was any complaint done then? yes, pls provide deails etc.
21. nov 2011 beating again... provide details...
22. in nov accused was outside india .. and so she lied in fir.. it is also mentioned in the pr bond quoted.. what action can be taken/ was taken by io for lying in fir by complainant?
23. kindly state all the ipcs applicable when a person is caught lying in fir
24. fir states she was visiting lawyers .. provide name and details of them all
25. if there a possibility that the lawyers set this up? yes /no
26. dp act is retrospective.. she was not booked ? yes no.. if no y?
27. kindly provide ipc under which an estranged husband can file a compkaint against erring wife on similar grounds
28. if husband is eligible to file complaint in ps rather than through court if there is evidence of criminal conspiracy, criminal intimidation, false evidence, false evidence in declation which is received as evidence, using as true declat=ration known to be false, giving false information respecting an offense commited, flse charges of offense made wid intent to injure, criminal breach of trust, punishment for defamation, intentional insult to provoke breach of peace, giving false info to public servant, forgery of false 498a, giving dowry.
29. section in ipc by which estranged husband can get back items in possession of wife when there s criminal breach of trust.
30. rule/act/law which protects a senior citizen woman (my mom) from physical and mental arassment from a woman legally married to her son.
31. fir /cs etccopy of the person who was caught and kept in custody under false charges of assisting a criminal (me)
32. few gd copies are asked.
33. copy of fir under it act on me by her, its status. if cs done copy of cs.

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gbanerji
"Fear can be overcome only by facing it."


Sat Aug 23, 2014 4:57 pm
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also went to telephone bhavan and submitted the RTI for call details for last 10 months or so... i have the older records... i will need this to provde that i havnt made any calls to her... or her relatives.. she made some GD i think like that.. i dont want to leave any opportunity to prove her a liar.

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gbanerji
"Fear can be overcome only by facing it."


Sat Aug 23, 2014 5:12 pm
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RTI information was denied as usual... cops are like that until you escalate the matter and go to court.. anyways.... the girls lawyer today approached me for amicable settlement and mcd.. as of now they havnt asked for money. lets see what they say next.

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gbanerji
"Fear can be overcome only by facing it."


Wed Nov 05, 2014 1:55 pm
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its almost 1 year 9 months since 498a. yesterday i got a summon for divorce.
the judge in the dv case asked us both to settle it outside courts in nov'14. i agreed to that but the i think both the lawyers were lazy in closing the cases thinking it would be end of payment. my lawyer at least was not happy that i agreed to settle it outside courts.

now regarding the divorce petition, the content is almost same like in dv case, but anyways its just divorce. i will give divorce if they close all the cases they have against me.

require inputs from all of you on what to do at this moment so as to make sure that all cases are closed before i sign the divorce..

kindly suggest.

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gbanerji
"Fear can be overcome only by facing it."


Fri Jun 05, 2015 2:02 pm
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Say to opp party that you will contest divorce until they have withdrawn/quashed all cases under you.


Sun Jun 07, 2015 1:48 pm
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the dv act case against me is now dismissed after the bi3ch party stopped appearing to courts since interim maintenance was denied.

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gbanerji
"Fear can be overcome only by facing it."


Sat Aug 22, 2015 6:22 am
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Yes deepakpatel,
I have contested the divorce case. Even the judge also wants the case to be converted to MCD after all cases are settled. However the opp party is hell bent of getting the divorce done but unwilling to resolve the rest of the cases. Meanwhile, the charges have been framed. The opp party initially agreed to settle all the cases mutually but later they disagreed to compromise.

I am no longer thinking of compromise and want to fight the cases.

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gbanerji
"Fear can be overcome only by facing it."


Mon Feb 22, 2016 8:00 am
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498a charges are framed. first hearing date is in this month. if opp party says they want mutual settlement then case will be closed thats what my lawyer told me else it will continue.

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gbanerji
"Fear can be overcome only by facing it."


Wed Mar 02, 2016 3:39 am
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In my case opp party is no longer looking for mutual settlement. I am contesting the divorce she filed ... since the divorce was filed on grounds of cruelty, she has also submitted 498a fir/cs alongwith the divorce case.. since divorce is in fast track court (they also got speedy disposal order from high court) i will use this opportunity to prove her lies she stated in 498a case.

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gbanerji
"Fear can be overcome only by facing it."


Wed Apr 27, 2016 2:55 am
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Opp party already lost DV act in 2015 - Dismissed
Filed Divorce on grounds of cruelty which I contested for almost a year, fearing they will lose they agreed to file compromise and agreed to settle all cases.
498a is compromised. waiting for final order after durga puja

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gbanerji
"Fear can be overcome only by facing it."


Wed Sep 28, 2016 9:25 am
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