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498A

Strategy and facts to remember to fight 498A

    • When you are anticipating 498a, first thing is to get Anticipatory bail.
    • Please note that it is easy to expose the people who lies. So remember that you read the FIR copy, complaint copy, charge sheet, evidence, cross examination etc very carefully. They will make blunder at some point of time and will be exposed.
    • Since 498a is filed hence it will be assumed that you are a criminal. So you have to show that you were a caring and loving husband and that you took care of your wife and children very much.
    • You have to keep collecting evidences. Some of the evidence you may think is not effective but remember that each piece of information will be somehow or other helpful to you at some stage.
    • Do not miss any legal avenues available. File counter cases under following sections.
    • GATHER PROOFS
    • RECORD PHONE CONVERSATIONS, OPEN CONVERSATIONS ETC.
    • KEEP STALLING TALKS TO MAKE THEM FRUSTRATED
    • Use RTI effectively
    • Track your wife’s activity, her job profile and details, spy on her

 

 

  • Go to the courts to understand the judges mind set , where ever your cases is going on.

Different modes for cracking 498a case:

  • Following the trial & proving innocentAdvantages:
    • Text book method by following judicial system & get the formal acquittal order.
    • During trial, we can file perjury U/s 0 & Defamation suit, which will destroy the 8a family completely.
    • Scope for financial compensation thru defamation suit.

    Disadvantages:

    • Time consuming; have to be patient with great Indian Judiciary’s efficiency.
    • Will take anything between – Yrs.
    • Need to cope up half baked lawyers.
  • Filing counter-cases against 498a familyAdvantages:
    • By giving the same medicine to the opponents, 8a case may get over in short time.

    Disadvantages:

    • Very delicate in nature. Needs to do lot of home work & legal analysis before retaliating with counter-cases.
    • Costly affair & time consuming.
    • Counter-cases may back fire, if not launched properly.
    • Some counter-cases may be of cooked nature, which will be a “misuse of law”.
  • Complaining to higher authoritiesAdvantages:
    • Taking the case details to all levels of higher authorities such as Human rights, DGP, Collector, Commissioner, Home Secretary, Income tax Dept. etc, will solve the case in shorter time.
    • Cheaper mode & can close the case in shorter time duration.( 6 Months)
    • Can handle without much legal aid.

    Disadvantages:

    • This mode will be applicable based on 8a family members’ profile.
    • Complaints have to be placed immediately after the threats.
    • Government machinery may not work with expected efficiency.
  • Using rti applications aginst 498a familyAdvantages:
    • Cheaper mode & consumes relatively lesser time to close the case.(5 – 6 Months)
    • We can screw the 8a family royally, with this “Legal Cruelty” tool.
    • May cause irretrievable damage to the opponents, apart from closure of 8a case.
    • Can handle without legal aid.
    • No limit & can fire numerous RTIs based on the opponents’ profile..

    Disadvantages:

    • 8a family members or witnesses needs to be government job.
    • Needs to cope up with time delay for RTI replies from govt. departments & information commission response for appeals.
    • Government machinery may not work with expected efficiency.
    • Very indirect method of attacking the opponents.
  • Filing Tax Evasion Petition aginst 498a familyAdvantages:
    • For sure this will og against the 498A family as it will expose their false allegations
    • We can screw the 498a family royally, with this “Legal Cruelty” tool.
    • Can handle without legal aid.
    • Fire numerous RTIs based on the opponents’ profile and fast track the TEP investigation..

    Disadvantages:

    • Will not work when less amount is claimed as dowry
    • Needs to cope up with time delay for RTI replies from govt. departments & information commission response for appeals.
    • Government machinery may not work with expected efficiency.
    • Very indirect method of attacking the opponents.

    Templates & Citations:

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