498A Counter Cases To Fight Back With – Compiled By Rudy

Rudy’s compilation for avenues of possible counter cases
32, 120B,
167 (investigation cannot be completed in 24 hours),
182 (offenses committed by letters),
191 (transfer on application of the accused),
197 (prosecution of judges and public servants),
199 (defamation) ,
200 (examination of complainant) ,
201 (Magistrate not competent), 204,
209 (triable exclusively by Court of Session), 211,
249 (absence of complainant) ,
250 (compensation for accusation), 306,
321 (withdrawl from prosecution) ,
323 (commit to Session Court), 355, 378, 379,
384 (summary dismissal of appeal),
392 (judge of Court of Appeal are equally divided),
406 (criminal breach of trust), 420,
467 (period of limitation), 471,
497 (adultery), 499,
500 (defamation) ,
504 (insult with intent to provoke a breach of peace),
506 (criminal intimidation) , RCR
Damage recovery case u/s 9 of CPC (law of torts):
If she breaks into your home, creates a scene, and goes to ” protection
officer ” and lies that you abused her “physically, emotionally or
economically” , file a damage recovery case u/s 9 of CPC against her. Legally,
you must issue notice on the same day or next day. The suit will continue for
long time. It has no risk.

What I had compiled sometime back, may some repetition wrt Rudy’s options. S.191 :Giving false evidence+ S.340(1) of CrPC for Perjury @ Family/Magistrate Court
matter
S.209 : Dishonest claim
S.211 : False charge of offence made with intent to injure
S.361 : For child – Kidnapping from lawful guardianship
S.378 :Theft
S.383 : Extortion
S.463 : Forgery
S.499: Defamation

Sections which u can check with ur advocate(I dont remember the IPC section offhand for these crimes) – Criminal Intimidation, Criminal breach of trust(non return of loans), Threatening, Abbetment of crime, these may be referring to a period before even your wife filed cases against you.

Some other sections of IPC helpful for husband side:
182 False information, with intent to cause public servant to use his lawful power to the injury of another person
191 Giving false evidence
192 Fabricating false evidence
195A Threatening any person to
give false evidence
196 Using evidence known to be false
197 Issuing or signing false certificate
198 Using as true a certificate known to be false
199 False statement made in declaration which is by law
receivable as evidence
200 Using as true such declaration knowing it to be false
201 Causing disappearance of evidence of offence, or
giving false information to screen offender
202 Intentional omission to give information of offence by person bound to inform
203 Giving false information respecting an offence commited
204 destruction of document to prevent its production as evidence
205 False personation for purpose of act or proceeding in suit or prosecution there are
more

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35 Responses to “498A Counter Cases To Fight Back With – Compiled By Rudy”


  1. 1 Faizulla February 18, 2009 at 12:49 pm

    Hi,

    Do you have any copies of counter cases filed against 498A that helps not only win the case and also helps in speed judgement?

    Thanks,

    Like

  2. 4 Vijay August 31, 2009 at 11:48 pm

    Hi,

    I am expecting a 498A within a week.
    Can you pleaseee let me know if i can get a template of various cases to fight back.

    Like

  3. 5 The Sentinel September 1, 2009 at 12:02 am

    Read the survival guide and contact SIF in your city.
    https://ipc498a.wordpress.com/

    Like

  4. 6 dkkaresia November 16, 2009 at 6:09 pm

    my got marriage on 21-02-2000. i filled divorce case on 23-03-2009 in sub-court. due to her abcence she declared x party and i get dgree of divorce on 31-08-2009. my ex-wife lanch false 498a & dv om me and my family member (father,mother, married sister, young brother) on 27-04-2009 at chaibasa (jharkand), where my residnce at Sirpur Kaghaznagar (Andhra Pradesh), her residence is at rajgangpur (orissa). May I lanch case under section 3 of dpa. if i lanched are i get punishment before proved aceptance of dovery. may i net, section 3 on her other 2 brother in laws. what cases and charges i can fill at my native to crate pressure on her.
    May i get any help of RTI and Human Rights.
    plese reply in detail & soon. thanking you d.k.karesia.

    Like

  5. 7 saisada December 23, 2009 at 9:57 am

    I got acquitted in 498a on 10th Jan’2008. I have made application in the MM Court under IPC-211 for punishing her as per applicable law. My Verification Process (2nd Step was done -OK last month). Next moonth, my lawyer shall have argument with sitting Judge to admit the Case, and obtain Order from Court to send my Ex- notice to appear before Court.

    My Question is- Could you please forward any previous Case History of similar case as mine for Section 211 charges post 498a verdict of acquittal. Appreciate if you could supply me with any such material or guide me in the process. Divorce case is still pending in Family Court she demanding 25L and lady judge also supporting my Ex- even though Judge knows she is adultrous, and whilst my Ex- had verbally and physically assulted my minor 17yr old dau. in family court for deposing against my Ex- as sole key Eye witness to her adultry in Dubai.
    Thanks in adv. for your valuable guidance.
    -sadashiv vaidya @ abu dhabi
    vaidya@adma.ae; saisada@emirates.net.ae

    Like

  6. 8 pranav mohan August 22, 2010 at 5:08 pm

    i want to know about precautions from 498A case.

    Like

  7. 9 lord September 8, 2010 at 5:55 pm

    I have a wife who is adulterous in nature.Over a period i have collected many evidences including videos in compromising positions,please advise what to do ? catching red handed or over the table meeting with her parents

    Like

    • 10 samir October 26, 2010 at 4:14 am

      I tried to settle the similar matter over the table 1st with my wife. She agreed for divirce by mutual consent after going to Mumbai. I explained the whole matter to her parents, and they pleaded not to divorce her, but as she was nymphomaniac with multiple partners, i had no choice but to drop her, and keep children with with me. Then she/her parents agreed to come to family court for divorce, had meeting with my lawyer, and then they did not turn up next day. after 2 days, i got call from PS/Kurla that my ex-wife filed 498a and i must report to PS. I did not, and i had no clue then, what the hell is 498a. So, as result, i was ARRRESTED at Airport while leaving for Abudhabi, and was JAILED.. and rest is worst nightmere i will never forget in all my coming Janmaas…! I fought, spent huge money, and subsequrntly was judged as Innocent, and Acquitted.

      Catch her Red-handed, and cal Police and immediately act as below:

      Please 1st get Anticipatory -Bail (AB) for yourselves and parents, sister, brothers. Then approach them thruogh lawyer. Do not worry, as per new directive, police cannt just catch your parents/sis/bro without warrent from Court. At the most, they will arrest you, and sicne you have AB, same moment they will release you. In fact, this is good for you, that means, She is gone for ever, being fasle case, judgement wil be in your favor. Then you can definitely file divorce on both counts, being adultreous and causing cruelty by false dowry case…! But, from my exp. of ongoing 6 yrs in family court, PLEASE THROW SOME MONEY AND CLOSE THE MATTER AT THE EARLIEST, IN THE END, ONLY MAN STANDS TO LOSE…WE HAVE NO LAW FAVORING US AT ALL…!Good Luck…and God Bless!

      Like

  8. 11 affected January 30, 2011 at 12:41 am

    Can your website give a list of lawyers in each state who can be consulted ?

    Can they provide consultation over the phone or Internet ?

    Going through this blog one gets hope ; one is however, incapable of acting on it without expert advice. Lawyers we consult are of different opinions with varying degrees of competence.

    Like

  9. 12 Vikrant Goel March 22, 2011 at 3:52 pm

    My wife is working in Haryana High Court and my in-laws in Hisar District Judiciary. I have been metally tortured by my in-laws for 9 years. She left my house on 9th Dec. 2007 living my 2 son aged just 4 years and 1 year with me under her family influence. Judges are working as per my in-laws demand and harrassing me and also rejected my bail application. I have filled divorce case on mentally cruelty ground in Nov. 2009 and summon was received by her on 19th march 2010. I have also presented befor the court on every date for the last two year, But till dated she has not presented before the court to claim her false allegation against me and judges are not taking any action against her as her brother and sister are working under the same court as Reader. I have also written letter to Session Judge Hisar, Chief Justice Haryana High Court and also emailed several request for investigation against the Judges and Judicial staff. As it seems that all judges have become deaf to denie justice and justice is only for the judiciary staff and wants to spoil childhood of my innocent children and my family. I have no hope from Indian Judiciary and finally accepted as my bad luck to leave in a country where there is no justice for children nor for the men. And people with judiciary power wants to satisfy their ego on the cost of four innocent life. And i strongly believe that indian judiciary should be held responsible for spoiling life and house of the people and not women as when judiciary has no ability to do justice why do they interfer in life of the people. I am much anger of this indian judiciary system then any one.

    Like

    • 13 Adv.Shrikrishna Chaudhari June 19, 2012 at 5:20 pm

      hi vikrant. i am Advocate Shrikrishna Chaudhari, praticising at Aurangabad High Court [ Maharashtra]. i read ur story. i agree with u that, now a days Court is not doing justice. becuase they are blind. will u email ur entire story, for that i will support/ guide u. my email add. srikrishnachaudhari@rediffmail.com

      Like

  10. 14 Karan Singh November 7, 2011 at 6:40 pm

    Hi Guys,
    As brutal as it may sound. The Judiciary has a few good judges & more will play safe favouring the girl with eyes wide shut. Pay the money as much as is possible for you and get away from the menace.
    Its a legal way to illgally & immorally snatching money from you. Such a human being doesnt have a right to place in the society but such is the law of land. Get out and get your freedom.
    If you wish to stay and fight there are good chances that you would be aquitted if you’re clean that is which is in most of the cases, but its not worth it. Itll take years of your valuable and precious time & that woman is not worth a second more in your life. Hope you get the point. Cheers to whatever the future may be. It sure will make you stronger.
    God bless & all the best..keep your family happy..especially the women folk..they need your support too..Be happy..if your consience is clean..then theres nothing that should bother you..

    Like

  11. 15 Pradeep November 20, 2011 at 2:19 pm

    Hi friend,

    My inlaws are threatning that they have proof of me taking dowry,they paid it through cheque/DD(Since they had intension and knew about her doughters bitchy adulterous character and they thought somewhere down line this will happen) Now what should i do,during giving they said this is gift to my dougther when we have not accepted they compelled us to accept and given the DD to al of my family members in there name,we never thogh those gift cheque will ecome dowry now and they will threat us,..i know give and take both are crime and actually her parents did it …
    please let me know if i should file sec 200 or IPC 3/ DPC 3(i am not sure)..please reply.

    Like

  12. 16 Chandan Verma November 21, 2011 at 3:08 am

    DRAMATIC PERSONNELS OF POLICE, GOVERNMENT,COURT,MEDIA OF SOVERIGN & DEMOCRATIC COUNTRY CALLED INDIA, SPECIALLY IN THE CASE OF SEMI-SLUM SCHOOL LAND ENCROACHMENT BY ROWDY ELEMENTS OF MP & MLA’s OF GURGAON, HARYANA, INDIA

    LUCKY PUBLIC MIDDLE SCHOOL (A HEAVEN OF BACKWARD CLASS STUDENTS IN A SEMI-SLUM SCHOOL)
    Since last 160 days , our students are being deprived of toilet & water facilities due to land encroachment, OUR MANAGEMENT HAS TRIED TO COMPLAINED VIA ONLINE BLOGS & MAILS TO ALL MOST EVERY TOM MOST AUTHORITY OF GURGAON POLICE, HARYANA POLICE, HARYANA GOVT, UNNION GOVERNMENT OF INDIA, EVERY POSSIBLE HINDI NEWS CHANELS & PRINT MEDIAS LIKE WORDPRESS, GOOGLE, press release India & MANY OTHER ELECTRONIC MEDIA , PRINT MEDIAS OF NEWS PAPERS AVAILABLE IN NORTH INDIA, AS WELL AS MOST OF THE HUMAN RIGHT COMMISIONS OF THE DELHI AS WELL AS WORLD.
    YES, OFF COURSE, WE HAVE ALSO SENT COMPLAINT TO ZEE NEWS, WHO HAS TAKEN A PLEDGE TO PUNNISH TOP MOST AUTHORITY AS WELL. BUT, THAT TOO IS THE DRAMATIC, THEY HAVE CAPTIONED THEIR CHANEL AS ( JUZBA SOCH KA). IT FACT THE CAPTION SHOULD BE (JUZBA NOT & TRP KA).
    NOBODY HAS TO DO ANYTHING WITH THE JUSTICE, PLEA, PROBLEMS,
    TILL NOW, NIETHER HAS HEARD OUR PLEA, TRAGEDY PROBLEM & GOT US THE JUSTICE TILL NOW.
    If these are the real media personnel, then they are also bureaucratized for direct help to criminals sort of politicians.

    Do we live in the age of democratic media?

    Do, media personnel’s perform in the interest of society or the country, or for just their own interest of TRP & articles & newspaper distribution ratio?

    How, the media would ever become democratic & free even after the independence, if it was earlier in the case of Englishmen rullings.

    Could you please finally take care of our screaming tragedy to telecast & publish the same to all most every of the news paper & every of the news channels?

    We can show at least of hundreds of mails & blogs been posted to most of the media sites & email addresses of world renown print & TV AS WELL AS ELECTRONIC media.

    LUCKY PUBLIC MIDDLE SCHOOL
    CVLUCKYSCHOOL@INDIA.COM

    Like

  13. 17 Chandan Verma November 21, 2011 at 5:49 am

    SOME OF THE POLICE OFFICIALS OF GURGAON POLICE ARE WORKING FOR POLITICIANS SINCE LAST ONE HUNDRED FIVE DAYS AS THEY ARE DIRECTLY HELPING ROWDY ELEMENTS OF MP AND MLA OF GURGAON AND BADSHAHPUR IN GRABBING LAND WORTH Rs Sixty Lacs

    DRAMATIC/COWARD/CORRUPTED/PRESSURIZED/LAZY/BLIND PERSONNELS OF POLICE, GOVERNMENT,COURT,MEDIA OF SOVERIGN & DEMOCRATIC COUNTRY CALLED INDIA, SPECIALLY IN THE CASE OF SEMI-SLUM SCHOOL LAND ENCROACHMENT BY ROWDY ELEMENTS OF CORPORATOR LAKHPAT KATARIA AND MP & MLA’s OF GURGAON, HARYANA, INDIA

    LUCKY PUBLIC MIDDLE SCHOOL (A HEAVEN OF BACKWARD CLASS STUDENTS IN A SEMI-SLUM SCHOOL)
    Since last 168 days , our students are being deprived of toilet & water facilities due to land encroachment, OUR MANAGEMENT HAS TRIED TO COMPLAINED VIA ONLINE BLOGS & MAILS TO ALL MOST EVERY TOM MOST AUTHORITY OF GURGAON POLICE, HARYANA POLICE, HARYANA GOVT, UNNION GOVERNMENT OF INDIA, EVERY POSSIBLE HINDI NEWS CHANELS & PRINT MEDIAS LIKE WORDPRESS, GOOGLE, press release India & MANY OTHER ELECTRONIC MEDIA , PRINT MEDIAS OF NEWS PAPERS AVAILABLE IN NORTH INDIA, AS WELL AS MOST OF THE HUMAN RIGHT COMMISIONS OF THE DELHI AS WELL AS WORLD.
    YES, OFF COURSE, WE HAVE ALSO SENT COMPLAINT TO ZEE NEWS, WHO HAS TAKEN A PLEDGE TO PUNNISH TOP MOST AUTHORITY AS WELL. BUT, THAT TOO IS THE DRAMATIC, THEY HAVE CAPTIONED THEIR CHANEL AS ( JUZBA SOCH KA). IT FACT THE CAPTION SHOULD BE (JUZBA NOT & TRP KA).
    NOBODY HAS TO DO ANYTHING WITH THE JUSTICE, PLEA, PROBLEMS,
    TILL NOW, NIETHER HAS HEARD OUR PLEA, TRAGEDY PROBLEM & GOT US THE JUSTICE TILL NOW.
    If these are the real media personnel, then they are also bureaucratized for direct help to criminals sort of politicians.

    Do we live in the age of democratic media?

    Do, media personnel’s perform in the interest of society or the country, or for just their own interest of TRP & articles & newspaper distribution ratio?

    How, the media would ever become democratic & free even after the independence, if it was earlier in the case of Englishmen rullings.

    Could you please finally take care of our screaming tragedy to telecast & publish the same to all most every of the news paper & every of the news channels?

    We can show at least of hundreds of mails & blogs been posted to most of the media sites & email addresses of world renown print & TV AS WELL AS ELECTRONIC media.

    LUCKY PUBLIC MIDDLE SCHOOL
    CVLUCKYSCHOOL@INDIA.COM

    Like

  14. 18 Capt. RS JAIN December 22, 2011 at 3:27 pm

    I fought back a false case filed against my late son , my wife & myself by my daughter in-law SHANU d/o Niranjan Dass Gupta r/o Ahmedabad , at PS City Jind u/s 323/343/406/506/307& 498A .The then SP Jind , late Manjit Singh Ahlawat was issued warning letter, DSP Jind was chargesheeted and case I.O.- SI Virender Singh Ranga , now posted at PS Punhana was punished by awarding stoppage of five annual increments with permanent effect . HE & Shanu along with her four relatives are now facing trial at Vadodara u/s 203,219,220 & 120B IPC .

    Like

  15. 22 Capt. RS Jain January 8, 2012 at 2:43 pm

    CAPT. RS JAIN
    In case FIR No. 388/03 at PS City Jind , Ms SHANU has been declared as a proclaimed offender by ACJM Jind & she is evading arrest . Shanu Gupta is Inter CA & has worked with SR Biohealth Delhi , WNS Mumbai & Gen Pact Delhi . She is wanted by Jind (Haryana) police . Summons issued against Ms Shanu , her parents , her maternal uncle & SI Virender Singh of PS Punhana (Haryana) by CJM Vadodara . Their revision application in the High Court of Gujarat dismissed on 4-7-2011 .

    Like

  16. 23 tormentedromeo July 4, 2012 at 8:30 am

    Hi Captain Jain,

    Could you share details of how you fought this case please ? I am anticipating a false DV and/or 498A case against me soon.

    Best Regards

    Like

  17. 25 Aar Ess September 4, 2012 at 1:00 pm

    Aar Ess
    SI Virender Singh , now posted at PS City Sirsa is facing trial in CJM Court Vadodara . His revision Petition has been dismissed by Sessions court Vadodara . DIL’s father has been awarded an I. tax recovery order against my TEP .

    Like

  18. 26 Vandan November 10, 2012 at 4:12 am

    One week back my wire, wife’s mother and father was arrested and got the bail in 498A. it is completely false case put by her. Her husband is in US now. He has to come to india? Is it possible to bring him to india by police?

    Like

  19. 27 Aar Ess November 10, 2012 at 4:51 pm

    More will depend your untiring efforts with a will to succeed . I have been able to make it happen at age of 70 +

    Like

  20. 28 Rajesh Jain March 17, 2013 at 11:03 pm

    you can seek advicw from my 17 years of exposing the corrupt magistrates (25 courts transferredi 17 years)and the court-staff , colluding with the female and her corrupt supporters .

    Like

  21. 29 yogesh May 14, 2013 at 3:09 pm

    I don’t think one can file cases when the matter is pending beforew the courts..Except 340 Crpc..the court case is maintainable only after the disposal of the matter as courts cannot run 2 parallel cases simultaneously

    Like

  22. 30 finding love June 5, 2013 at 2:10 am

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    Like

  23. 31 how to get your ex girlfriend back June 16, 2013 at 4:25 pm

    I want to to thank you for this very good read!

    ! I definitely enjoyed every bit of it. I have got you saved as a favorite to check out new things you post…

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  24. 32 side effects September 16, 2014 at 8:16 pm

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  25. 33 Rahul May 26, 2015 at 10:37 am

    |||| Urgent||||

    I had filed Divorce against my wife in March 2015 ( reason : she rarely stay with me , no physical relation and force me and my parents to sell parental property) and in counter to this, she had filled 498A, case against my family members, as she her parents had good reach to police, arrest warrant had been also immediately issued against my all family members. ( At present we all are underground)

    My parental property belongs to my parents and i had no share in my parental property and my parents also legally dismissed me from all movable and immovable property. (Notice published in newspaper)
    Well knowingly this, she is staying in our house and hopefully steal many jewellery and valuable things from house as she had all the keys ( Police officials permits her to live there)

    I had sufficient proof against her i.e.
    a. She had affair with other boy ( pics)
    b. She admitted that she will file false dowry case on my family ( audio)
    c. Demanded for money to leave house( audio)
    d. Chats saying me too satisfy my self from her nude pics shared by her. ( chat with pics)
    e. Psychiatrist and psychologist report confirming that she had some type of mental disorder
    f. She itself want divorce from me ( audio )
    g. Her parents married her daughter just because of our property. (audio)

    Kindly guide what type of counter case i can filled against her.

    In addition this, kindly guide can she and her parents illegally harasses us by some physical hit or doing some other illegal thing, and forces us so that we withdraw the divorce case

    Like

  26. 34 rahul June 10, 2015 at 5:06 am

    dear 498a cash pl open after divorce

    Like

  27. 35 gp mahanty December 1, 2015 at 1:33 pm

    Kindly suggest favorable judgments in counter cases after acquittal in 498A

    Like


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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
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Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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