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True Colors of a Vile Wife

Category: Legal Procedure

Lifecycle Stages of a Domestic Violence Case under PWDV Act

Posted on December 28, 2018 by ShadesOfKnife

Listed below are a reasonably laid out sequence of events in a Domestic Violence Case filed under PWDV Act, 2005. The rules related to the Act are here.

Before Entering Into Court

  1. First step is that the aggrieved person [read sec 2(a)] or a Protection Officer or any other person on behalf of the aggrieved person will file an application under sec 12(1) to the Magistrate seeking one or more reliefs under this Act.

Key Highlights

  • This Act is a civil act, meaning there is no penal punishment given under this act. Only one exception to it is, when a person disobeys or violates a protection or interim protection order issued by the Magistrate.
  • Magistrate will take up the application and order the Protection Officer [read sec 2(n)] to conduct mediation at court-appointed mediation center to see the possibility of a compromise and also to fill 3 ready-made forms called as Domestic Incident Reports (DIR forms).
  • Protection Officer, who is the District Welfare Officer, will issue a notice to all the people named and identified in the application.
    • Purpose: Mentioned as above.
    • What happens there: Lot of emotional drama, oral diarrhoea, convincing words followed by intermittent threats of 498A IPC case by the so-called Protection Officer.
    • What to do: Keep your calmest best self and don’t overreact, nor let parents over-react. If you are capable and confident, ensure a audio/video recording of the session is made discreetly. If you have doubts, DO NOT DO IT. More valuable tips here.
  • Apart from husband, other family members who are implicated in this case, may become liable to the reliefs mentioned in the Act, based on the Complainant proving their acts of domestic violence. Maintenance component, under Monetary Reliefs alone, is the whole and sole responsibility of husband.
  • There are various reliefs aggrieved person may seek under the various sections. Do no worry about property getting taken over or similar issues. No ‘ownership transfer’ of any such property takes place. Only temporary residence may be ordered which one can oppose and offer similar alternative accommodation. Many idiots hope and try to extort money/property via Domestic Violence complaint. They remain idiotic fools.

Focus Areas

  • At this point in time, focus should be
    • to attend the proceedings with Protection Officer
    • to enjoy (record, if possible) the melodrama at mediation center and let it fail (just say, no compromise with liars, when my family was falsely implicated in the case)
    • to let the case move back to Court (there ends the matter with Protection Officer)
  • PO will send the mediation report along with earlier duly-prepared DIR forms

After Entering Into Court (APPEARANCE AND FOR COUNTER stages)

  1.  Now Court issues a summon to all the respondents ([read sec 2(a)]: proper term for accused people in a Domestic Violence Case) to attend court proceedings on a specific date. The stage is called APPEARANCE.

Key Highlights

  • All respondents to attend court on the first appearance date and give attendance and collect the ‘accused copies’ of Domestic Violence Complaint, Affidavit under 297 CrPC, DIR forms and mediation report from the Court Bench Clerk. One set will be given per respondent.
  • Till this point, no need of engaging an advocate. Court gives next date, the business of which will be FOR COUNTER. The written statement of our objects otherwise a counter, is to be prepared and submitted to the court on next date of appearance or earlier, with Bench Clerk.
  • One may engage a lawyer to plead the case for you here on wards. If you know Law + Case Facts + Court Procedure, one may let court know, you would like to argue the case, on your own, as Party-in-person.

Focus Areas

  • At this point in time, focus should be
    • to prepare a Counter/written statement document based on whether the aggrieved person can prove the allegation laid out in the Domestic Violence Complaint.
    • to deny clearly all those allegations that are absurd, untruths, improbable and baseless, and mention ‘the petitioner is put to strict proof of same’. As settled principle of law, whoever alleges something have the burden of proving the same.
    • to state/submit those facts that can not be denied by Complainant. Rest all facts/evidences are to be secured and need not be shared with lawyer as well.
    • to submit/file the written statement/Counter on the next date prescribed by court. Unless it benefits us in a tangible way, do not skip/seek dates.

EXAMINATION Stage

After Counter is filed, the next stage is the EXAMINATION. Naturally, it would be examination of the complainant.


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Posted in Legal Procedure | Tagged Catena Of Judgments Incomplete Article Protection of Women from Domestic Violence Act 2005 | Leave a comment

How to fight legal case as Petitioner or Party in Person (PIP)

Posted on September 7, 2018 by ShadesOfKnife

As per CrPC 302, a petitioner can request per permission of magistrate to conduct and lead the prosecution case, instead of a advocate. Read more here.

Similarly, per Advocates Act Section 32, any person who is not as advocate, can appear in a particular case. Read more here.

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Posted in Legal Procedure | Tagged CrPC Sec 302 - Permission to conduct prosecution Legal Procedure Explained Party In Person Petitioner In Person | Leave a comment

Fight the false IPC 498A case on merits till the end of trial

Posted on April 14, 2018 by ShadesOfKnife

If you have already used up/could not utilize the Discharge (before framing of charges on the Accused i.e., you and your family) and the Quash (after framing of charges on the Accused i.e., you and your family) due to lack of legal grounds or rejection by court for valid reasons and you do NOT want to go with Settlement route, read on.

Click here to understand the high-level workflow or lifecycle of IPC 498A cases for making yourself familiar with same.

While you are at it, it may occur to you that, rather than feed the lawyer, who gets fed but doesn’t deliver the results as expected by you, it would seem obvious and most sensible thing to do is to present and argue your case on your own. That is called as arguing your case as Party-in-person.

Read here for more on what Party-in-person means.

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Lifecycle Stages of a Section 498A IPC Case

Posted on April 14, 2018 by ShadesOfKnife

Listed below are a reasonably laid out sequence of events in a Criminal Case filed under Section 498A of Indian Penal Code (IPC). The section is available here.

Initial signs of facing a false criminal case u/s 498A IPC

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Filing of false complaint and registration of FIR

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Notice u/s 41A of CrPC

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Quashing the FIR at High Court

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Filing of Charge sheet by I/O

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Discharge from case u/s 239 CrPC

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Framing of Charges

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Begin of Trial

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Quash the case u/s 482 CrPC

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Examination of Complainant and Prosecution witnesses

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Evidence of Complainant

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Cross-examination of Complainant and witnesses

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Examination of Accused and Defence witnesses

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Evidence of Accused

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Cross-examination of Accused and Defence witnesses

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Arguments

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Judgment (Acquittal/Conviction)

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Revision/Appeal

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Strategy and Tools to win False IPC498A Case

Posted on April 12, 2018 by ShadesOfKnife

The high-level work flow to win the false IPC498A Case is as follows:

  1. This being a criminal case, get anticipatory bail for the Prime Accused, A1 at the earliest, even though Hon’ble Supreme court has ruled no automatic arrests should be done in matrimonial cases. Read the Landmark judgment here.
    • Read the bail related information here and judgments here.
  2. Once on bail, based on your objectives, you can proceed with any of the below approaches
    • File a Discharge Petition based on Legal grounds in your case and get discharged from case at Magistrate court itself.
      • Read about Discharge Petition here and various discharge judgments here.
    • File a Quash Petition based on Legal grounds in your case and get discharged from case at High court.
      • Read about Quash Petition here and various quash judgments here.
    • Fight the case on merits till the end of trial and emerge victorious as not Guilty. This can drag on for many years. Be aware of this fact.
      • Go here to read various stages of the case trial and how you can safeguard yourself and your family.
    • Yes, there is another way out. Go for Settlement.
      • Read the various aspects of settlement and few high-profile settlement cases and their judgments here.
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Posted in Legal Procedure | Tagged CrPC Sec 227 - Discharge CrPC Sec 239 - When accused shall be discharged CrPC Sec 245 - When accused shall be discharged CrPC Sec 482 - Saving of inherent powers of High Court Incomplete Article IPC 498A Summary Post | Leave a comment

False IPC (Indian Penal Code) 498A Case

Posted on April 1, 2018 by ShadesOfKnife

Searched for Indian Penal Code (IPC) 498A case related information and landed here? Not a mistake.

As someone at receiving end of a false IPC 498A case, I can understand pretty clearly your situation, intent and instinctive reaction to fight back (albeit initial shocking moments).

Section 498A was introduced by legislature with a noble intent, but like (at last count, 49 such gender-biased laws) many women-oriented laws is ruthlessly misused, left-right-center.

Consequences of misuse?

1. Innocents implicated include bed-ridden elders & minor kids in husband’s home were arrested at old and late hours of night and cunningly enough on a Friday evening. You get the point? Think.

2. Totally unrelated people are implicated, just for the heck of it, along with family members who have never lived with the Knife.

3. Thousands (‘000s) opted for suicides, due to the harassment, shame and loss of dignity and respect caused by these baseless cases.

4. NCRB statistics vividly state there things

  1. 90,000 men succumb to suicides
  2. Most number of cases under any IPC section where Conviction rate is paltry .
Read more
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Posted in Legal Procedure | Tagged Incomplete Article IPC 498A Summary Post | Leave a comment

Key Aspects of Protection of Women from Domestic Violence Act, 2005

Posted on March 27, 2018 by ShadesOfKnife

The key thing about the Protection of Women from Domestic Violence Act is that it is Quasi-civil act meaning it’s provisions/reliefs are civil in nature and there is no penal punishment like in Criminal cases. One caveat to this is that there is “Penalty for breach of protection order by respondent” which will attract the CrPC provisions.

Per section 29 of the Act, there shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later. Do not waste your time and resources by filing revisions which are not maintainable.

 

Screw Up Alert:

If you do not properly strategize and time your actions in fighting this case, you may lose money in the form of Interim maintenance to your Knife. Be aware and be alert !!

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