Filing Counter Cases

Dear Friends,
On my last post on FIR raised on 498a gang, I received lot of queries. Pls note the following:
If you have specific incidents of defamation done by someone against you, you can file a criminal case against them. This can be done at the police station or directly at the Magistrate court. You need 2 or 3 witnesses who will come to the station or court and confirm the defamation which they have seen or heard.
In my case, the opposite party had called up lot of my neighbors and relatives and gave a very bad and tainted version of the story which caused lot of damage to my social life. They also called my church members and leaders and defamed me. Additional to that, they used the media and internet to spread their slanderous stories.
One of her accomplices attempted to manhandle me. So I included his name and added section 307 (attempt to murder).
I approached the JFM Court of our area and filed a Criminal Misc Petition. Magistrate forwarded the petition to my area police station to “enquire and report”. At this stage, you take the police into confidence and get the FIR registered. Since it is an order from the court, they have to do it. They will include all the sections you have mentioned in your petition. Try to add as much as sections to make the case as strong. But you will have to explain how those sections are applicable. You will need a lawyer to present the case and get it admitted at the court. Once FIR is registered, police will do their usual investigation work. They can scare the opposite parties of arrest as you have faced during your 498A initial stages. You have to ensure that opposite party don’t escape from charge sheet by bribing police. The threat of arrest can be given to all those bystanders and supporters who are coming forward to give witness against you. You will basically eliminate all such jokers from the play and only the heroine and her parents will remain on stage. I shall upload the petition in one of our 498A blogs soon. But you will have to customize it to your situation adding lot of real incidents happened to support your case. I don’t encourage false cases to be filed. But if you think, you are defamed by the ex-wife and you have incidents or witnesses to support your cause, you can file defamation cases.
Defamation cases are of 2 types:

1. Civil defamation where you will claim monetary compensation.
2. Criminal defamation where you will seek punishment to the offenders.

I don’t think these cases will win ultimately and anyone will fight it till end BUT these weapons can scare the opposite side and her supporters and eventually force them to come for a Divorce and withdrawal of all cases against you. While you file counter cases, the enemy has to protect themselves rather than attacking you. As such their attention gets diverted and you get some breathing time.
Other extrajudicial weapons that can be used is Tax Evasion Petition at the Income Tax Commissioner and also at the Commercial Taxes Commissioner (state) if the other side has any shops or businesses. If FIL or MIL are govt employees, approach their offices if they have said anywhere of giving dowry. Use RTI to get information. You can also file DP3 against the in-laws if they said anywhere on oath that dowry was given.