Defamation Suits

News Paper: aditya Panchouli files defamation Suite:
http://www.ndtv.com/article/cities/pancholis-file-rs-100-crore-defamation-suit-against-jiah-khan-s-mother-553414?pfrom=home-otherstories

MCD

However, just to give you an idea, The memorandum of understanding should contain following documents:

1. Memo of Parties- this is a document showing the name, photograph, and address of husband and wife, shown as petitioner no 1 and 2.

2. The petition, laying down terms and condition. I have sent as an attachment the terms and conditions laid down in my MoU. However, please be careful when you read them, its just for your understanding. Most importantly, para no 9, which says that your wife has not asked for a single rupee. All the pages of this petition should be signed by both husband and wife.

3. List of documents such as your wife and your id proof, proof of your marriage (a photograph of both of you during marriage, or invitation card of your marriage)

5. Affidavit by each of you - you and your wife.

Again, please ask your lawyer to prepare an MoU and read it before you appear at court.
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1. Both parties will not disturb each other or shall make any demand in future after divorce

2. Though the wife has agreed for zero amount alimony, this should be final

3. If you have children, make sure that you have included child visitation rights.

Very Useful Study material should be read

For various jusdgments and guidelines:
http://ipc498a.wordpress.com/
http://mynation.net/docs/
http://www.saveindianfamily.org/
https://groups.yahoo.com/neo/groups/sahodar
http://mensrightactivist.wordpress.com/

During Court

But what all u write and say should be crispy and to the point, so that at
the very first instance u strike the point. Preferably draw a comparison of
conflicting statements of witnessess in tabular form for ready reference of
court, highlight in bold/italics various case laws in support, point out
page no, para no.s where u want the court to refer.

After lunch session of the court is best for arguments as routine cases are
granted date before hand and you can have more time. See the mood of judge,
don't act in haste even if the judge wants, u can always ask for another
date for argument.
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Every case = different form/approach / questions / aim

first

jot main

contradictions

Lies ( esp those u hv proof of )

maqsad of her points / ur defences

then

How/

When/  time/date/ wherein

Where/  exact place

Why /

Who

In front of who all

or was it hearsay

etc

 

Start n u will derive ur own q

its ur case / situation.

U r the best examiner / formulator of Q

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Negotiation

- worst case family will go to jail for two years. That is 1 calendar year. We will satyagrrh since after jail this is the only option left.
- does she want a fresh life or spend her productive years in figthing  cases?
- The she gets now she can invest and will be double in the same time period. Later on she will get lesser amount than now.
- patience always pays off
- The escape-window usually opens after few months (with declining rates)
- Game should be to fail the negotiation in first 2-3 occasions then rates will drastically come down.

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MOU:
First of all get the MoU/Agreement prepared covering all the mutually agreed points, duly signed by both the parties and witnesses and get it notary attested.

Then, move the application of 13B HMA for mutual divorce giving reference of the signed MoU. 

To add more value and to get more security, better register it in "Register Office", like registering the marriage, property & etc.
 
Then at any point in future, opposite party can't say it as cheat/forgery.

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ITR and TEP

- if the said amount 10 lacs is borrowed, do the girl's family have to prove to IT dept. in this case what proof IT dept will ask. if the girls relatives come and say we have give this cash in hand without bank transaction will it be taken as proof.
  there is column in ITR which reflects CASH IN HAND. If the relative has that much of CASH IN HAND himself in that yrs ITR, only then his version can stand.

- The same has to be filed with Addl. Director/ Director Investigation of your own District of the accused (your father-in-law). Please check whether the district he is residing in has Addl director or a director.

- Mark the copy to the Director General Investigation which would sit in the Capital of the state of the accused.
- Another Copy should be marked to Member Investigation, CBDT, Department of Revenue, Ministry of Finance, North Block.
- The contents of the mail should mention the claims made in FIR along with the copy of the FIR and complaint.  That alone might not be sufficient, hence include the list of moveables and immoveables properties of your father in law. Also, if you know the PAN no of your Father In Law, quote the same and ask for certified copies of his returns starting from the financial year since you got engaged.

- After 30-40 days of filing the Tax Evasion Petition, file RTI to know the status of your complaint.
  Use of RTI to release information in investigation report on tax evasion petition from Income Tax department to help defend against false dowry charges - Delhi HC
  https://docs.google.com/file/d/0B9e7CufCy7DCcGNpY0dla3lpSVE/edit

 Appeal dismissed against use of RTI to release information in investigation report on tax evasion petition from Income Tax department to help defend against false dowry charges also summons from the criminal court deciding 498a case not necessary to release the information - Delhi HC
  https://docs.google.com/file/d/0B9e7CufCy7DCYlo2ZndTNkJKMnM/edit

TEP RTI and Success case:
  https://docs.google.com/document/d/1Hume01ladFzeL1-CK9UmMFF1UKaiDyr2TdY2Qn5MSIc/edit

- my address was wrong , I wrote at the end "if it doesn't pertains to your juricdiction then please forrward it to the write office".

- Can we file a tax evasion even if the Father In Law/MIL/498a wife did not file income tax last couple of years (I am not if they filed Income tax)?
  Yes you can.
- Same things happen, Notices are issued and investigation is done irrespective whether the person has a PAN no or not.

- Yes, it is a double edged sword

- All 3 (FIL/MIL/Wife)can be in the same TEP. But TEP should be filed as per the allegations in the FIR. Who have she named to have supposedly given dowry. File TEP only against them.

- to get the PAN number http://incometaxindiaefiling.gov.in/knowpan/knowpan.jsp

- The marriage expenses as well as the marriage gifts will have to be duly accounted for, by the person concerned. Under the provisions of the said Section 69C, if the donor is not able to offer a satisfactory explanation about the source of expenditure or part thereof the amount covered by such expenditure would be deemed to be the income of the donor for such finan-cial year

- Likewise, if the donor does not record the value of such gifts in his books of account or does not offer any explanation about the nature and source of acquisition of the item given by him as gift, it would be deemed to be the income of the person concerned in such financial year under the provisions of Section 69A of the Income Tax Act. Thus, every donor making a gift to a bride or bridegroom must, if required, be able to prove the source of the gift otherwise the amount covered by such expenditure or gift would be considered as the income of the donor concerned. 

FIR Copy and Quash

- FIR copy is sent to court within 24 hours. Ask lawyer to take the copy
- File RTI to take the the FIR copy from Police station
- FIR is a public document
- No a Quash is a quash. The issue once closed can not be raked in subsequent litigation. Even if you remain Husband and Wife, all alleged cruelties before the date of quash becomes null and void. The principal of res-judicata applies there. And if tomorrow the wife files another 498-A against the husband, the same would be limited to the alleged cruelties in the time frame of after the date of quash to the date of filing of second complaint.


Quash all the judgments:
https://docs.google.com/file/d/0B3oiedENu7cdUXdiNkFZVFVEWnM/edit?usp=sharing