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

498a, DV, 406, 506(Threat), Divorce

- divorce will stop her DV filing rights besides many other advantages on you

- if same or similar allegations are put in DV, 498a etc use "DOUBLE JEOPARDY" to quash othercases one acquittal from any one.

DOUBLE JEOPARDY: Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction. At common law a defendant may enter a peremptory plea of autrefois acquit or autrefois convict (autrefois means "previously" in French), meaning the defendant has been acquitted or convicted of the same offense.

- res judicata: Once decision is made you cannot file another same case.





Agreement:
Quash in  HC under 482

 The MCD should include the clause that all criminal cases would stand withdrawn by both parties

Domestic Violence:

Case Filled:
  - skip 1 date

WS from girl:
DIR from PO:

Appear in court by lawyer and ask complaint Copy:

WS from boy:
File only Preliminary REPLY duly supported with Affidavit & some proofs to counter Allegations of Bitter Half.
Seek 6 weeks time [ on next date ] for Detailed Reply & More proofs [ You'll be granted 4 weeks by the Majesty / Lords ]
REMEMBER TO DENY EACH & EVERY ALLEGATION OF YOUR BIT.......

CROSS of girl
  - keep evidences to off guard her.
CROSS of boy


Discharge:
 have not shared the same shelter even for a day with the complainant.
 cannot give relief

 discharge us 227 and 237 of crpc in dv
 Discharge in 239 happens mostly based on complaint and allegations
 Discharge in 227 happens mostly based on material
 Even if discharge application is dismissed you can challenge it in HC under CrPC 397 (Criminal Revision Petition)
 Remember in 239 discharge happens purely based on allegations and in 227 discharge happens purely on material so even A1 can be discharged if above conditions are not satisfied.

 Opp party has objected saying dv is not criminal case so crpc 227 not applicable. And dv has no provision for discharge. 
 judgement: https://docs.google.com/file/d/0B9e7CufCy7DCazhfQ0ctZ2J4dTg/edit 

- alternate accomodation
- shared accomodation can be asked

CAW cell

- A complaint is a complaint which may warrant an action or not it has no legal stand till converted to an FIR
- proceedings of the CAW cells are voluntary
- The petitioner is at liberty not to appear before CAW Cell. No threat or coercive steps shall be taken by the CAW Celll

- Receive notice and put date/time of receiving.

- Go there as innocent person. Only listen there, they will ask to give statement in writing.Mention like “you have attended to provide full support in enquiry and ready for any kind of counseling to save the marriage."

- CAW cell is only for women. They will not listen you. But they will show as they are taking your matter seriously.

- RTI in which CAW has agreed to provide receiving confirmation on statement copy given to I/O on each counseling date. Take hard copy of RTI and in case I/O don’t allow show him/her.

They will force any of the option:

Option 1 -   Agree with Wife’s condition and live with her

Option 2 – Agree and Give money to wife and take mutual Divorce

Option 3 – If you are not choose any one option from above, they will recommend for

FIR.

Remember always Women cell works like an extortion cell of Wife.  If women cell is agree with you completely, then also they will recommend for FIR on basis of Wife’s statement

After seond Hearing: RTI to comply with circulars:
  https://docs.google.com/file/d/0B4NgxSoAagBZOWNUd2ZOZWplR0k/edit

-  Second or third hearing they will give you Istreedhan list provided by lady and will ask you to you provide your admit list against streedhan list. Accept only if same has been signed on each page by complainant and page number.Take a copy of Streedhan and make a RTI and submit to PIO.

Comments to put at the time of of receiving list-
"Received XX no. of sheets of A4 paper as list from Smt XYZ which is not in accordance as per Rule 2 of D/P act and not even indexed, So that one can file reply. Please ask complainant to provide proper list with proper bills.

Reply of Istreedhan list

Comments on List Submitted by Smt XXXX

Note:  The list is NOT in accordance with the law, as no list was prepared at the time of marriage which is mandate of the section 2 of Dowry Prohibition Act 1961. Even gifts mentioned as given to bridegroom and his family is not segregated. The undersigned is still offering his comments, despite the list being bad in law, to aid the IO towards reaching a logical conclusion and to ensure that the false and fabricated list furnished by Smt. XXXX does not cause any miscarriage of justice to the undersigned.

This is NOT the admit list by undersigned.

Istreedan received at the time of marriage and afterward also for Mrs. XXXX was always and is under her possession. She has already taken her clothes, jewellery and other costly items at the time of leaving her matrimonial home on MENTION DATE. However she has left few articles at her matrimonial house which are listed below and undersigned is ready to return with proper bills and prior information but he doesn’t want divorce and want to settle the matter amicably.

Left over articles:

Mention here her left over articles which you want to give


- put sufficient proof that ye cheej di gayi thi ya nahi di gayi thi. They may give you bail otherwise go to High court or be in jail for 2-3 days. otherwose le de kar.

- Agreement in women cell is enforceable.

- they will prepare a format and put in front of you.
  option agree
  option disagree
  option agree with some conditions

- you will put under time pressure and they will say now or never. Choose never. :)
  read the docuements 100 times before signing .
-  divorce is not enforcible

 



 
 

TEP

Full Forms

DIR: Domestic Incidence Report. Filed by protection office after investigation in DV cases.

No Mentenance

Naukri.com link to find latest resume of wife
http://demologin.resdex.naukri.com/search/ezSearch
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First whether its CrPC 125 or 24HMA, the factors considered for grant of maintenance broadly are following:

1. Reasonable needs of the petitioner.
2. Income of the petitioner and respondent.
3. Liabilities of the respondent.
4. Liabilities of the petitioner (Read kids)
5. Any special needs of the petitioner/ respondent or dependents.

One factor diffirentiates in CrPC125 and 24HMA. Most of the High Courts have rulings which states that if the wife is earning/ has a permanant source of livelihood, she is not entitled for maintenance under CrPC 125. Whereas in 24HMA she can still claim maintenance, because this section empowers her to stay in the same kind of comfort/ life-style, which she was living in her matrimonial home.




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1. Prove wife is earning. NO MAINTENANCE
2.If you have filed RCR, then maintain that you are willing to maintain the wife in her matrimonial home and hence there is no need to pay her maintenance. As any maintenance paid would make your efforts of a successful married life fail. LESS MAINTENANCE IS AWARDED IN SUCH CIRCUMSTANCES.
3. Show your liabilities in terms of Debts/ Parents/ Dependent siblings. LESS MAINTENANCE.
4. LAST BUT NOT THE LEAST. IF THE WIFE HAS CONCEALED ANY INFORMATION, LIKE ANY KIND OF INCOME (NO MATTER HOW INSIGNIFICANT), HER PREVIOUS WORK EXPERIENCE (EVEN BEFORE MARRIAGE). USE THE SAME AGAINST HER BY STATING THAT THE PETITIONER HAS NOT COME WITH CLEAN HANDS. THIS WORKS. THERE ARE MANY AUTHORTIES ON THE SAME ISSUE WHERE MAINTENANCE WAS DENIED ON CONCEALMENT OF VERY INSIGNIFICANT FACTS
5. And the acts empower you to move revision petition/ review petition against any orders passed against you or whenever there are change in circumstances, like wife has started working, the custody order is in your favor. Your parents need additional care due to illness etc.

6. We replied that govt has opened shelter homes for needy women who are helpless and can not work. Such shelter homes take care of these "needy women" FREE OF COST. They not only provide free shelter but also free medical and help in self earning. "Shelter homes have
been mentioned in DVA also." We also submitted taht though the shelter homes are free, but still if they need some monetary help we are ready to pay 500/- p.m.

CRPC125:

(4) No wife shall be entitled to receive an allowance from her husband under this section she is living in adultery, or if, without any sufficient reason, she refuses to live with her, husband, or if they are living separately by mutual consent. 

<For my case she has no concent on living with me>

The Hindu Marriage Act , 1955 - Section 24

Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.

Now i say when ever you are in this kind of situation the first then you need to do as told by Shoneeji & immediately Counter case ( more over i say always file case so that you again benefit out from it ) file case that you have 100 of libilites with you and you need help from your beloved wife to support .

- Another important point is wife/female partner can claim maintenance under the DV act. This is in addition to other maintenance ordered under CrPC 125 or HMA section 24. So in case your wife is granted maintenance under CrPC 125 or HMA section 24, then your lawyer has to forcefully argue to the court that basic need of the wife is taken care by other maintenance and hence there is no need of any additional maintenance.

- Please remember that under DV act Magistrate is having sweeping powers. So make sure not to keep much cash in the known bank accounts.

===============================================================================
Preserving asset:
- convert all the money to Gold coins. Withdraw the money slowly.
    <refer documets in local machine>
- PF and PPF nobody can touch
- Sell the property to somebody before IRBM, since wife lives far away RTR she will not take.
  Gifting is not recommended. Since it is seen in past that gifts are never returned back.
- No need to take loans on NSCs
- you can gift jwelleries to your sister as well
=====================================================================================

my question will judge attach my ancestral property in 125 interim maintenance execution if i donot pay 
>> Yes the judge can attach your property in execution proceedings.

what is the way to save 9% stamps duty fee when i transfer my property to my brother or mother.
>>Gift deed will cost max Rs 1000. not 9% duty. Check with the sub registrar in your area. It depends from state to state.

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Even if your wife is earning and she may not get maintenance, but litigation expenses is denied very rarely by courts
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judgment :https://docs.google.com/document/d/10nR_7UhpWejbkkKiHVMEHgixCDmn9ZnpucEIlu1kOYs/edit 
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No it is not.....u need to mention the case details.....your relation with the Person...and also needs to state that the person against whom you have filed RTI has given false information in Court.
Thats all.....this is the way i was able to get details from PF office by RTI.
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https://docs.google.com/document/d/139EUXmf9xPAAhLfa2D8AJ04IHeX0FrYZ-21WwWknT9Q/edit 

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HC delhi directed MBBS wife to work for society if she wants mentenance:
https://ipc498a.files.wordpress.com/2008/10/justice-dhingra-hammers-crpc-125-into-shape.pdf 

RCR Vs Divorce

If she files a false 498a, RCR helps in the ways mentioned below.
1) Reduces maintenance and alimony
2) Weakens her 498a
3) Fast tracks divorce

Normally, a wife will not come back once you have filed RCR. If she does,
it'll only be to fabricate evidence against you. Therefore, in your RCR,
never mention your parents' address as your current address. Hire an
accomodation of a room and a toilet and give the address of the rented
accomodation in your RCR. Even if she comes back, she is likely to run away
from the rented accomodation within in a few days. Meantime, use technology
to expose her.

Filing RCR legally proves the date from when you have been living separately.
<She has admitted that we are living seperately after holy>

Don't show any conditions to take her back:

Now note during the initial petition for RCR do not mention any conditions in it come what may - you bring up these conditions only on the final stages when you think its going to backfire and she is going to join you against your wishes and for her ulterior motives. 

By not mentioning the conditions initially you are just showing the court that you are unconditionally ready to take her back again trying to paint a good picture.


COnditions on RCR:
in RCR put in conditions which you know she will never agree to .. like accepting in court that she has put false 498a complaint and she should publicy appologize in newspaper etc and she should compound the false case and all that .. basically say that you can only forgive and forget if she accepts all her mistakes and asks for forgiveness publicly for her mistakes .. only then you will "consider" RCR .. and that you would like not to break the marriage as far as possible .. 

---------------------------------------------------------------------------------

Whenever withdrawing, withdraw with the permission of the court for filing afresh, never withdraw unconditionally, it would bring res-judicata on previous allegations.
============================================

Never say like this, say as the 498A filed followed by RCR, you are not in
position to take any decision till you prove your self innocence.Once you
prove your inocence then only you can take any decision. Her filling rcr
itself proved behond resoable dought the aligations in 498A is false and
fabricated.

company things

section 7 :"
(k) Information which relates to personal information the disclosure of
which has no relationship to any public activity or interest, or which would
cause unwarranted invasion of the privacy of the individual unless the
Public Information Officer is satisfied that the larger public interest justifies
the disclosure of such information."


When my ex approched to my comany, my HR replied, as per company policey
the inforamtion and sallary is confidentional matter to aovid misue of the
same by competitors. So we are unable to sorry to provide the same and you
can directly contact to the concer person to get details of this job and
other particullers.