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498a Cases

498a Cases

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Published by Giriyan Rathinam

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Published by: Giriyan Rathinam on Jun 30, 2012
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07/08/2015

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498a Frequently Asked Questions - FAQ 
Once imprisoned/remanded; Kids or no kids, never take her back. You will regretforever. The reason is - the next time she gets hurt or dies by a freak accident; then youra** is in jail. The Judge or Advocate who coerced you into a compromise will not go to jail for you. People will say "you deserve it" for taking the B* back.
Thursday, July 23, 2009
How women and lawyers negotiate/extort? 
(In the context of false case booked under Section 498A of IPC). Original article can beread by clicking below links:Part 1->Part 2. I thank you sir personally for such beautiful articles exposing this extortion racket and multi crore scam which everyone knows butacts like nothing is happening.By B.N.GURURAJ, Advocate In this narration,CL stands for Civil Lawyer of the Accused person.CRL stands for Criminal side Lawyer of the Accused person.OL stands for opposite side lawyer.PP and APP stands for public prosecutor and Assistant public prosecutor respectively.
Petition for anticipator bail for patents
Having got the accused husband out of Jail, the next urgent task was to obtainanticipatory bail for the parents-in-law. On the Monday following the release of accusedhusband, the CRL and I worked at fevered pitch and filed a Criminal MiscellaneousPetition praying for anticipatory bail. For this purpose, the previous Saturday, I had spentalmost entire day in the magistrate’s court trying to obtain a certified copy of the FIR,accompanying complaint and Bail order. I managed to get it by early evening thatSaturday. This was enclosed along with copy of divorce petition already pending beforethe family court. The CRL knew the ropes. He, as usual, drafted the petition in the typingpool, got photocopies made, got the application and enclosures stitched and filed it in thefiling counter of the court. Then he went to the section in charge of office which allocatedthe matters to different court halls as directed by the Principal City Civil and SessionsJudge. Tipping her with fifty buck note, he requested that matter must come up beforeparticular court hall. This was at 1 O’clock. We waited until 3 O’clock. We went to thatoffice and got the petition number and also found that our matter had been allotted to FastTrace Court 7, which apparently had a reasonable judge.Eventually, the petition copy arrived at the court through court peon and was called. Afterseeing that it was for anticipatory bail, the judge ordered the matter to be listed nextSunday for considering the objections of the PP. The CRL pleaded for shorter date. But,the judge helplessly told him “every day, even calling out matters and giving next date
 
takes entire fore noon. Where is time for hearing the matter? This matter cannot be heardbefore next Monday. Anyway, I can assure you that I shall hear the matter, if theobjections have been filed by that date.That was a loud hint to us to ensure that we persuade the PP to file his statement of objections on or before next Monday. We deferred this task by about four days, as the PPmight forget the matter by that date.
Civil side of the case
This narration actually started from the middle of the story. The disputed started aboutyear and a half after marriage when the accused husband complained to his parents thathe cannot any longer live with the complainant-wife as the marriage has not beenconsummated, among many other discords between them. In the meantime, the accusedhusband was sent to USA by his employer. His wife visited him during this period, of course, at husband’s expense. Thereafter, the accused husband firmly made up his mindto file a divorce petition. For this purpose, a few months later, he visited India, engagedthe CL and filed the petition before the Family Court, housed in a rather pompouslynamed court complex known as “Temple of Justice” in Kannada.Next year and a quarter was spent in the family court, trying to serve the process on thecomplainant wife. Eventually this was done, a counsel came on record, but no statementof objections was filed. At this juncture, one fine day, the learned Judge noted that thepetitioner was not appearing before the court and directed that by next date, if thepetitioner did not appear before the court, the divorce petition would be dismissed. It isunder this circumstance that the accused husband visited India with fifteen days leave,solely for the purpose of participating in the proceeding. He had been assured by the CLthat he would see to it that his evidence and cross examination were completed beforethis period. However, fate and the complainant wife willed otherwise. By the 9th day of his arrival, a false case of harassment for dowry was foisted not only on the husband butalso on the parents-in-law. Rest of the story is already known to the readers.
String of adjournments leading to Mediation Centre
The Monday after the release of the accused-husband on bail, the matter came up forhearing. Prior to the false complaint, on two dates, the matter had come up before theFamily Court. The complainant wife had skillfully avoided appearing before the court.On this Monday, in the forenoon, the complainant wife along with string of relatives anda clutch of OLs appeared in the court. However, as coincidence would have it, the regular judge was not available. Hence, the matter would be taken up by the in-charge judge inthe afternoon, by 3.00 pm. When the accused-husband was ready before the court, thewife had, thorough her OL send a medical certificate, pleading sickness! Thus, the mattergot adjourned to the Wednesday. This became a highly worrisome matter for thehusband, who had been left with only another four days of leave to return to England.
 
It must be mentioned here that during the whole period between the period of arrest andthis proceeding before the family court, the CL was inaccessible over mobile phone.However, his junior could reach him without fail. He skillfully kept himself out of ourway. Even the issue of grant of bail had to be communicated to him after persistent effort.Between Monday and this Wednesday, all of us felt so depressed and desperate that weeven considered changing the counsel. But, we could not think of another counsel whotoo would not play this hide and seek with the client. On this Wednesday morning, Iaccompanied the accused husband. In an angry mood, I had drafted a detailed affidavit,narrating the happenings of last four days, mainly pointing out that by trying to force asettlement through the police station, the complainant had interfered with theadministration of justice, which was an act of contempt of court. This was sworn beforenotary and kept ready for filing before the Family Court if need be. However, as we werewaiting for the court to start, first we learnt that the judge was not available, and thematters would come up before the in-charge judge who sat in the next court hall.In order to ensure that the OL did not take another date from the Bench Clerk, I tippedhim before hand and told him that the matter should not be adjourned but be placedbefore the judge. Having taken money, he did this. In the meantime, the OL approachedme and asked what did we intend to do. He was the husband of the plump woman lawyerwho did the extortionist talk in the police station. In the course of talk he as much asadmitted that in most of these divorce cases, the fault lie with the girls, and hastily addedthat his comment was not on this particular case! In lighter mood, I told him to say this inthe witness box! OL also blurted out that in some cases, he had settled the permanentalimony for as low as Rs.6.75 lakhs, and in another case, for Rs.10 lakhs, but in this case,the complainant wife was demanding far higher sum. However, as the events turned out,the CL and I did not capitalize on this piece of information.At this stage, CL called and wanted to know what was happening. I told him that he mustcome to court and try to settle the dispute, as time available to the accused husband wasnot sufficient to protract the litigation. With considerable reluctance, he agreed, only aftertalking to the OL who was also willing to discuss. Some twenty minutes later, CLreached the family court. He asked accused husband, in case settlement were possible,what was the maximum sum of permanent alimony he could afford to pay. The husbandcandidly told him that he could afford to pay Rs.15 lakhs. This turned out to be a mistake.When the matter was eventually called by the in-charge judge, both the accused husbandand complainant wife were present in the court. Their counsels told that the partieswanted to settle the matter by mediation. Hence, the court directed the matter to be listedfor mediation on the next Monday, to be reported to the court, latest after another 45days.CL told us that even for mediation, it was necessary for the parties to agree on a sum of permanent alimony. The mediators would provide legal frame work for settlement, butwould not be in a position to impose any particular figure as permanent alimony on theparties. Therefore, if all of us discussed and agreed on a sum, it was possible for the

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