NRI 498A HELPLINE
9873540498
High Court Quash versus Lower Court Human Rights
Inoking
Quash is difficult but Invoking
Human Rights in Lower Court is easier comparatively
Quash is filed under section 482
whereas Human Rights can be invoked through Preliminary Objections
Quash is rarely done even if the
complaint is totally false barring an exception of a dated event whereas Human
Rights help in filing counter case against the wife for filing false case
against the husband
Quash can be ignored but Human
Rights can not be ignored by the judge
Quash is filed once & decided
once whereas human rights / preliminary objection is usually tried to be
ignored by a biased judge/ MM especially when he is hell bent to protect the
wrongs of the wife hence Pressing of Human Rights or Pressing of Preliminary
Objections in accordance with law need to be done.
LAW POINT
Human Rights
are the rights not just guaranteed to us under the constitution of India but
these are also the rights which are guaranteed vide international conventions
& treaties. Indian government can try to create laws that are against men
but no government of earth can create laws which are against human rights hence
you need to press your human rights. Even a man who is not earning can not be
sent behind bars for non payment of maintenance to wife but this is happening
all over India and this is very very well within the human rights violation but
after getting the decree / sentence it becomes a little difficult to invoke/
enforce your human rights so from the very beginning itself i.e., as soon as
you receive the case filed against you , then , from that time one must start
emphasizing on his human rights & preliminary objections is one of the
right paragraph through which human rights can be invoked.
As per law, no case can
be moved ahead without deciding the preliminary objections but the biased/
corrupt judge/ MM may try to bypass this law point. They will try to say that
u/s 28(1) of the domestic violence act the court has the inherent powers to
make rules & decide a complaint under domestic violence act as per his own
whims & fancies but the man/ men/ husband has to emphasize his legal right
here i.e., husband must press his human rights & also press his preliminary
objections. And as per law, if any case is filed against any husband & if
that husband files preliminary objections then first of all these preliminary
objections will be decided because there is possibility that within these
preliminary objections the husband has raised objection that he is not the
husband or she is not the wife or they are not married or they does not have
any domestic relationship in the past or in the recent past and in that case is
the court moves ahead then that is an act against the law and if the judge does
this even after pressing of preliminary objections by the husband then that
judge also comes within the scanner of registrar vigilance of high court &
for that the husband needs to write to registrar vigilance. And for seeing
action on the letter against the judge, one must file RTI – ATR i.e., RTI
(Action Taken Report) i.e., just ask them that on dd/mm/yyyy you the husband
i.e., the undersigned wrote a complaint against the judge regarding human
rights violation i.e., non deciding of the preliminary objections & moving
ahead with the case by the judge / MM concerned.
HUMAN RIGHTS VIOLAION
Putting the case/
litigation into trial when the matter is not triable as per my preliminary
objections is the violation of my human rights and I duly press my human
rights. This is also unbecoming of a government servant i.e., the judge did
this human rights violation as against his position i.e., he misused his power
& position. This acts also tentamounts to be called as against the judge as
“unbecoming of a judicial officer”
WHO IS A MM / METROPOLITAN MAGISTRATE
He/ she is usually the
one who has at least ten years experience as an advocate. Thereafter, he sat
for the exam for judicial services & passed the exam & becomes a judge
after some formality completion & oath. As per oath submitted by him, he
can not do wrong to anyone. He cannot do any wrong to anyone knowingly. But
kindly note that, he was an advocate who used to work for some fees. And now
he/ she is in a position to decide the cases. Does that mean that he/ she is
holding some lucrative position. “NO, He can NOT assume himself to be sitting
in a lucrative post because his duty is to do justice”. Kindly remember that, a
judge/ MM is NOT a god who can NOT do wrong. He/ she is also a human being
& he can do wrong also whether knowingly or unknowingly, whether
deliberately or out of mistake. For this, I would like to draw your attention
to a recent news in daily newspaper around Oct’2016 where it was written that a
senior civil judge named something like Rachna Tiwari Lakhanpal from Tis Hazari
court was arrested by CBI for accepting bribe from an advocate named Vishal
Mehan. If this news is true then what does this mean. This truly means that a
judge can do wrong & that a judge can accept bribe & also that a judge
can indulge in unethical practices too. Similarly, a judge/ MM can do court
record tampering also & other biased orders after accepting undue favors
from opposite party. Hence, you need to remember that, “A JUDGE IS NOT A GOD”
Enforcement of rights
One must
enforce his rights especially in a false 498a by way of:-
(1)
CrPC
91 regarding No Dowry Declaration by father of the wife to his employer on the
one hand which states that there is no dowry given by him in the marriage of
his daughter and on the other hand his himself acting as a witness to this
false dowry complaint by his own dauther.
(2)
41A
FRAUD by dirty cops & other corrupt practices
(3)
Lacunaes
in charge sheet & thereby return of charge sheet application by the
respondent/ husband or through his relatives in India through a Power of Attorney
& that too party in person with the help of Atur Chatur
(4)
Contempt of Court
against the I.O. for NOT obeying the Ministry of Home Affairs advisory of July
2014 & thereby non-sending of the 41a notice to the husband and regarding
which proofs have been collected by the husband through RT—41A FRAUD BY POLICE
with the help of atur chatur consulting.
NRI 498A HELPLINE
NRI can
fight the false court case without coming to India.
NRI can
fight false court case party in person just through representations sent by him
from outside India & pressing the counter cases against the wife sitting
right outside India,
Similarly,
NBW issues, LOC Issues, Passport Issues, Proclaimed Offender/ Look Out Circular
Isues can be fought by his without entering India & that too without the
help of any lawyer or advocate or even vakalatnama & through his POA i.e.,
Power of Attorney to his relatives only & NEVER EVER POA TO ANY ADVOCATE OR
LAWYER.
Counter
cases against wife, against her government employee father in law & other
false witnesses can be done using RTI & direct complaints & that too
through representations & without coming to India.
NOTE:-
Corruption can be fought sitting right outside India. Similarly, false dowry
harassment complaints, false domestic violence complaints & false
maintenance complaints or litigations can be fought using Perjury u/s 340 &
many other representations directly to those authorities which matters the
most.
Mahatma Gandhi said,
"IF YOU DON'T ASK, YOU DON'T GET"
Atur Chatur says,
"WHAT YOU WILL ASK, THAT YOU WILL GET"
Hope this will help
you guys....................all the best
Issued in Public Interest
by ATUR CHATUR COUNSELLING *
शादी से पहले और शादी के बाद
ATUR
CHATUR को रखना याद
Email:- aturchatur@yahoo.com
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against corrupt police contempt of court fair investigation biased unethical practices
court record tampering detective&/ ors to Hon’ble Chief Justice of India in
relation to & arising out of court record tampering in the above numbered
complaint & other issues thereof, That the Ld MM is working clearly in
contravention of the principles of "good faith", That since the
matter relates to false implication of an innocent involved in a matrimonial
dispute in contempt of court for the very reason/ fact that he complained about
court record tampering being done in the concerned Ld MM’s court & that
such court record tampering had been arising out of present matter & for
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against corrupt police contempt of court fair investigation biased unethical
practices court record tampering detectivehas the powers to decide as per my
knowledge hence I have no other option but to approach the high court,
defamatory :- The Hon’ble Ld MM Ms. Shefali Barnala Tandon made certain
averments in the order dated 17-10-2015 which are patently defamatory,
statements which, as per her own knowledge, are false. The said statements have
tarnished the reputation of the undersigned and damaged his social standing and
goodwill in society. These malicious, vexatious, false and incorrect statements
were made with a sole motive to malign the undersigned and personal standing
and image of the undersigned, and to cause him to suffer material and
personal/mental injury and anguish thereto. The Ld MM Ms. Shefali Barnala
Tandon having recorded in her order my written submissions in a highly modified
& manipulated manner so as to infer a totally different meaning. This
proofs that the purpose of such manipulation & defamatory modification of
my written submission was to give a totally different inference whereas at one
instance I even requested her to record my submissions verbatim emphasizing the
term arising out of to be duly recorded as it has been directly arisen out of
the present matter but she didn't, matrimonial dispute :- if the concerned Ld
MM will get involved in personal targeting of those involved in matrimonial
disputes before her then what justice will she be able to deliver to those
involved in heinous crimes. Will she be able to handle those sensitive matters
if this matrimonial dispute seems to be so important for her that on one hand
she never gave opportunity for mediation between the married couple despite
written requests by me (not being repeated for brevity but CD is attached for
your kind perusal & certified copy of this application is on pdf file named
DVC 002 [1.8.15] ENTIRE (1) at page number 75) & on the other hand she is
targeting one of the party i.e., me. In this regard I would like to mention
that mediation is a mandatory requirement as per law & providing pamphlet
of mediation to the respondents is mandatory to be provided under law, Ghonsla
Breaker :- This Ld MM has not just committed crime by defaming me by
manipulating even my written statements & other wrongs explained in below
paras but this Ld MM has also committed a sin under the eyes of god because she
is acting as a ghonsla breaker by not providing opportunity of mediation to a
couple. This brings shame not just to Indian judiciary but also for humanity
& even though my eyes feel little wet while writing this line but still for
the sake of my nation/ humanity/ Indian culture / family values it is necessary
for someone to raise their voice for the benefit et al so that Indian culture
& family values can be preserved for the future generations, not fit for
mahila court :- In a mahila court we need someone as sensitive as Justice Shiv
Narayan Dhingra because these are very sensitive matters & if a judicial
officer practices either low temperament/ misandric mindset / personal
targeting / non-sensitization / family breaking mindset / personal vengeance or
vendetta then I am sorry to say that he/she is not fit at least for mahila
court’s which require extreme patience/ temperament & sensitization to these
matters, gender division/ gender gap :- matrimonial disputes are not being
solved in the manner they should be & therefore there has increased/
widened the gap between the genders which needs to be checked on time so that
we are able to give a better future for the toddlers. And if a Ld MM ranked
responsible officer does not understand this sanctity then this may prove
injurious to the familial health of our nation, my crime for which I was
punished was merely the fact that I reported court record tampering being done
in Ld MM’s court concerned. And after I reported this court record tampering
through my application (not being repeated for brevity but CD is attached for
your kind perusal & certified copy of this application is on pdf file named
DVC 001 [11.8.14] ENTIRE [17.1.15] ENTIRE & [5.2.15] DC Affidavit (1) at
page numbers 137 to 142) then again court record tampering was done because
those submissions by me which reported court record tampering were partly
removed (for your kind perusal within pdf file named DVC 002 [1.8.15] ENTIRE
(1) at page numbers 74 it can be seen that other pages are partly removed from
the file especially the page number 141 & 142 on pdf file named DVC 001
[11.8.14] ENTIRE [17.1.15] ENTIRE & [5.2.15] DC Affidavit (1) are removed
which are of utmost significance because even certified copy of Domestic
Incident Report at page number 69 of DVC 002 [1.8.15] ENTIRE (1) directly prove
this) from court’s record & regarding that Atur Chatur Helpline for perjury
u/s 340 on Atur Chatur Helpline for perjury u/s 340 i.e., court record
tampering on court record tampering I already gave a written submission to
Hon’ble Chief Justice of Delhi high court quash 498a quashing of 307
anticipatpru bail notice bail rti on police bail cancellation NBW non bailable
warrant complaint against corrupt police contempt of court fair investigation
biased unethical practices court record tampering detective& other
concerned authorities dated 14/09/2015 but I am still waiting for an
appropriate action. (annexed annexure A1 to annexure A35 and also the annexed
CD for your kind perusal). Please note that:- the contents of the CD which I
submitted on 14/09/2015 as discussed above has the same contents as the CD I am
submitting today hence for the sake of brevity I request & I crave leave of
this Hon’ble Court to kindly peruse this CD alongwith the annexure A1 to A35 in
the interest of justice, Impugned/ Illegal/ Immoral/ Inhumane Order by Ld MM,
arising out of :- the Ld MM has removed these words from order sheet to hide
her own wrongdoings which we all know very well that arising out of is a
technical term which clearly indicates that something has arisen out of but
still even this part which I have given in writing has been deliberately
removed by this Ld MM to deliberately bring out an altogether different
interpretation (annexed annexure B1 for your kind perusal), being a law officer
this Ld MM knows very well that &/ ors clearly indicates that there is
every possibility that it might not be against Delhi high court quash 498a
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might be just against the ors i.e., others. Hence there is every possibility of
only other parties involved against whom I have made a complaint in Supreme
Court & not the Delhi high court quash 498a quashing of 307 anticipatpru
bail notice bail rti on police bail cancellation NBW non bailable warrant
complaint against corrupt police contempt of court fair investigation biased
unethical practices court record tampering detectivebut still this Ld MM even
asked me whether her name is there or not within that complaint which is
illegal on the part of this Ld MM especially if the matter is sub-judice &
especially if the matter is related to court record tampering arising out of
the present case matter under her disposal, humbly submitted, importance of
first para :- this first para of the order sheet is of utmost relevance because
this first para is called the introductory para & my representation
(Annexed B1-B3 for your kind perusal) from which so many points were removed as
explained in paras 1.1 to 1.6 above, and this in itself very clearly
establishes that this Ld MM Ms. Shefali Barnala Tandon was pre-planned to
counter attack on me for wrecking vengeance due to the RTI & First Appeal
filed by me in relation to & arising out of court record tampering in the
present matter under her disposal, watchdog not a bloodhound :- Indian Supreme
Court warned of legal terrorism due to misuse of women laws and said, "The
role of the investigating agencies and courts is that of a watchdog and not of
a bloodhound." And therefore the conduct of Ld MM as visible from first
para of order sheet itself r/w above paras with special emphasis to para,
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section 52 of India Penal Code :- Section 52 of Indian Penal Code defines “Good
faith” as "Nothing is said to be done or believed in "good
faith" which is done or believed without due care and attention."
Here since even my half page application itself has been misinterpreted r/w
para, vengeance :- It is the right and duty of every citizen to make a
complaint against any judicial officer/ authority for court record tampering
&/or misdemeanor &/or favoritism &/or nepotism and /or corruption.
There is “in house mechanism” to receive and consider such complaints and take
action in appropriate cases, She thus gave a message to people that any citizen
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her court shall be falsely implicated. She caused obstruction in flow of
justice by manipulating even my written submissions as evident from the first
para of order sheet r/w explanations in paras 1.1 to 1.10 above. This raises
doubt in the minds of an Indian citizen & common man that if a judicial
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society that she is above law, unbecoming of a judicial officer :- the way my
written submission (Annexed B1-B3 for your kind perusal) was misinterpreted/
manipulated even in the introductory para of impugned order sheet dated 17/10/2015
itself thereby distortion of all important points therein as mentioned within
paras 1.1 to 1.11 above, this proofs that this act is not just illegal but also
unethical & unbecoming of a judicial officer hence an appropriate exemplary
action needs to be taken to protect the sanctity of Indian judiciary,
independece of judiciary :- The word “Independence of Judiciary” is derived
from the oath of office of a Judicial Officer which reads as under;- “That I
will duly and faithfully and to the best of my ability, knowledge and judgment
perform the duties of my office without fear, favour, affection or ill will and
that I will uphold the Constitution and the Laws” Anyone violating his oath of
office by being biased or partial is guilty of crime against ‘indepndence of
Judiciary’. However over the period it has taken a perverse meaning saying that
a Judge is independent of law / above law. In our democratic country, No one is
above law. Nemo est supra legis, She punished me by writing in the order sheet
a totally distorted picture of the real facts (& complete suppression of
real facts) which is an absolute travesty of justice, order me to put copy of
that letter on record for entirety :- the Ld MM was requested by me to order me
to disclose that complete representation within this court if that is the
correct legal procedure or to wait for the decision of Supreme Court as it
concerns a matter related to & arising out of the above numbered complaint
i.e., current case under her disposal but instead she extracted through mental
torture & duress two terms from my mouth viz., officers & judicial
officers & then went ahead to manipulate that as "Judges &
Officers of high court quash 498a quashing of 307 anticipatpru bail notice bail
rti on police bail cancellation NBW non bailable warrant complaint against
corrupt police contempt of court fair investigation biased unethical practices
court record tampering detectiveof Delhi" in the order sheet. Just see
here that, I spoke only two terms viz., officers & then judicial officer
when she intimidated me through mental torture & duress & she mentioned
that by way of manipulating those two words in the way she desired, This will
be proved when that representation to Supreme Court by me will surface before
this Hon'ble Court as then it will be proved that what I meant by those two
terms uttered by me and what were the contents of those parts which she was
unable to extract out of my mouth by god’s grace. Please note that, if by
mistake she would have succeeded to even extract those other names from my
mouth through that mental torture & duress then she would have manipulated
even more my statements. Hence, this manipulation of order sheet by this Ld MM
is not just illegal but also unethical for the society we live in. Here it is pertinent
to mention here that, even my written representation does not directly mention
anywhere the terminology judges of high court quash 498a quashing of 307
anticipatpru bail notice bail rti on police bail cancellation NBW non bailable
warrant complaint against corrupt police contempt of court fair investigation
biased unethical practices court record tampering detectiveof Delhi then how
can I say on inquiry that I have made complaint against Judges of high court
quash 498a quashing of 307 anticipatpru bail notice bail rti on police bail
cancellation NBW non bailable warrant complaint against corrupt police contempt
of court fair investigation biased unethical practices court record tampering
detectiveof Delhi. Hence such distorted second para in order sheet is nothing
less than mockery of Law & Justice by this Ld MM, only conclusion could be
drawn :- this is real travesty of justice when the officer who is given the job
to find out the truth or to deliver justice conceals/ deliberately misinterprets/
manipulates &/ hides her own wrongs & draws false/ illegal/ unethical/
illogical/ wild / manipulated conclusions against those who come to justice
before her. Such type of illegal/ unethical & manipulated conclusions
demands disciplinary action against her read with paras 1.1 to 1.11 above as
such an act is also contrary to the principles of good faith, time & again
I have told the Ld MM that kindly read my income affidavit it says my income as
10,000/- per month & I am able to support my family but unable to bear the
cost of lawyers. and when she told me about legal aid I told her madam my
income is above the ceiling limit prescribed under legal aid but she turned
deaf ears to my response every time & never suggested me any alternative
method at any point of time. This can be verified by this Hon'ble Court by
visiting the link http://dlsa.gov.in/legalaid.html# which reads as follows:-
"The income-ceiling limit U/s 12(h) of the Legal Services Authority Act,
1987 has been enhanced to Rs. 50,000/- per annum to extend the benefits of the
Act to more people, constitutional validity of judiciary selecting judiciary,
on the other hand if the district court/ other authority suppresses such
audio/video records makes any excuses like its can't be disclosed etc then that
is the real mockery of justice when compared with most western countries where
audio/ video recordings of court proceedings are fully functional to maintain
accountable & transparent judiciary. Further, as recently NJAC has been
scrapped giving way for collegium regarding appointment of judges thereby
giving full fledged powers in the hands of the judiciary to select the
judiciary (which is of course against our Indian Constitution which
specifically says contrary to this. And also on the cardinal principle that no
individual or a group should have absolute discretion or power in public
administration). Now if the audio/video records of the court proceedings are
not presented/ or are suppressed/ or are not allowed/ or are not considered etc
then this will prove that on one hand contrary to the Indian constitution
judiciary selects judiciary & when someone uses RTI Act'2005 then vengeance
& vendetta becomes active against him & when he asks for audio/video
recordings to be presented then records are manipulated/ suppressed/ not
presented/ or other excuses are made. If this comes out to be the true scenario
then this is not just the travesty of justice but also reminds us of living
under the dictatorship of judiciary and if such is the scenario then why are we
thronging the courts for years because if its simply in the hands of a Ld MM to
decide the fate of a person then whats the purpose for asking written
statements etc & why not decide the cases as per the wills & choices of
a Ld MM, civil suit already pending regarding maintenance, As per Hon’ble Delhi
high court quash 498a quashing of 307 anticipatpru bail notice bail rti on
police bail cancellation NBW non bailable warrant complaint against corrupt
police contempt of court fair investigation biased unethical practices court
record tampering detectiveDomestic Violence Act 2005 does not give woman any
additional right to claim maintenance from her husband. Under the act, the
court of metropolitan magistrate (MM) has the power to grant maintenance and
monetary relief on an interim basis in a fast track manner only in those cases
where a woman has not exercised her right of claiming maintenance either under
civil court or under section 125 of CrPC but the petitioner in the instant case
has already invoked civil proceedings under Sec-24 Hindu Marriage Act so there
is no need to decide interim maintenance but still this Ld MM has ignored this
point which I already mentioned in my Written statement & also in my reply
to Sec-23 Interim Maintenance Application of petitioner. This Ld MM has ignored
this point due to vengeance, CrPC 91 is an important application & therein
I have asked very simple documents like:- since the petitioner has changed her
name completely (without following a legally valid name change procedure &
has also established separate domestic domicile/ residence for herself) hence I
have asked a simple affidavit that she has not married after deserting her
family & establishing a separate residence for her & legally a wife can
get maintenance from only one husband, for initiating Atur Chatur Helpline for
perjury u/s 340 proceedings against the complainant, copies of the same not
supplied to petitioner till date (blatant lie), merely orders based on
arguments without formal proof is against law :- As per Madhya Pradesh high
court quash 498a quashing of 307 anticipatpru bail notice bail rti on police
bail cancellation NBW non bailable warrant complaint against corrupt police
contempt of court fair investigation biased unethical practices court record
tampering detectivein Madhusudan Bhardwaj & Ors vs Mamta Bhardwaj [ 2009
CRI. L. J. 3095 (Madhya Pradesh high court quash 498a quashing of 307
anticipatpru bail notice bail rti on police bail cancellation NBW non bailable
warrant complaint against corrupt police contempt of court fair investigation
biased unethical practices court record tampering detective) (Gwalior Bench) ::
2009 (6) ABR (NOC) 1018 (M. P.)(Gwalior Bench) ] , "It is clear that the
Act has been enacted for safeguarding the rights of a woman guaranteed under
the Constitution and to provide protection against her victimization from
domestic violence, interpretation of the provisions keeping this pious
principle in mind is required . However, this principle cannot be accepted that
in domestic violence always a woman is a victim or sufferer party. There may be
cases where by misusing the sympathetic and favourable attitude of the society
or law framers, male partners may be harassed and thereafter if Court of law
gives a second push to the male partner, it may cause disorder in the society.
In my considered opinion, at the time of administering such laws the Courts are
required to be vigilant enough in deciding the dispute as to which part of the
family is a victim of the domestic violence. In view of this also, passing
orders merely on the basis of the documents, without their formal proof and
upon hearing the arguments has not been permitted by the law and in judicial
process it ought not to be permitted and leaning attitude towards one party of
the lis is required to be avoided, It is necessary to reiterate aforesaid
preliminary objection here which reads as follows:- "The Hon’ble court
cannot create its own procedure for grant of relief if notice to
respondent/husband is already issued & that respondents evidences are duly
taken up by this Hon’ble Court & weighed & considered before passing
any order/s under the Act. Reference be had from: Case Number: CRL.RP 815/2009
Judge(s): JAWAD RAHIM Petitioners: KRISHNAMURTHY NOOKULA Respondents: SAVITHA Y
Date of Judgment: 9-Dec-2009 also available at link:-
http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/500665/2/CRLRP815-09-09-12-2009.pdf
In Karnataka, this judgment has to be followed by all lower courts & this
judgment reflects totally the LAW POINTS which can’t be ignored by any trial
court of the country in cases which come under the purview of the said Act.
This judgment is requested to be used as a precedent as it is of another high
court quash 498a quashing of 307 anticipatpru bail notice bail rti on police
bail cancellation NBW non bailable warrant complaint against corrupt police
contempt of court fair investigation biased unethical practices court record
tampering detectiveand some major extracts of the judgment read as follows:-
“Section 28(1) clearly says that all proceedings under DV Act will be as per
Code of Criminal Procedure (CrPC). It also allows the court to lay down
its own procedure but only for sub-section 23(2) which relates to grant of
ex-parte order. So court cannot create its own procedure for grant of
relief if notice to respondent/husband is already issued.” “The learned
magistrate issued prior notice to the petitioner herein and therefore the order
comes within the ambit of sub-section (1) of Section 23 and it is not an ex-parte
order referred to in sub-section (2) of Section 23. Once sub-section (2) is
inapplicable then sub-section (1) of section 28 applies and necessary procedure
prescribed by the Cr.P.C. is to be followed. The legal consequences are that
the procedure prescribed by the Code of Criminal Procedure for trial of cases
depending upon the nature of offence and punishment prescribed becomes
applicable and that procedure has to be followed.” “Reference to section 28 is
therefore necessary which provides for procedure. Section 28 reads thus:
"28. Procedure – (1) Save as otherwise provided in this Act, all
proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under
section 31 shall be governed by the provisions of the Code of Criminal
Procedure, 1973 (2 of 1974). (2) Nothing in sub-section (1) shall prevent the
court from laying down its own procedure for disposal of an application under
section 12 or under sub-section (2) of section 23.” “The next question is,
which of the procedures prescribed by the Code of Criminal Procedure for
conduct of trial has to be applied to an enquiry under the Act. The Code
prescribes different procedures for trial of summons cases and warrant cases.
It depends on the nature of offence committed and the punishment prescribed by
the Indian Penal Code or other law for the time being in force. In other words
it is severity of the punishment which determines the procedure, whether it
should be a summary trial to be conducted as a summons case or a trial applying
the procedure for warrant cases depends upon the punishment prescribed. The
provisions of Sections 18, 19, 20, 21, 22 and 23 of the Act make contravention
of the orders passed under the Act punishable as an offence under Section 31 of
the Act. To try a person for contravention of any of the orders passed (interim
or final) under the provisions referred to above, Section 31 of the Act would
apply. It postulates, a breach of protection order, or of an interim protection
order, by the respondent shall be an offence under the Act and shall be
punishable with imprisonment of either description for a term which may extend
to one year, or with fine which may extend to twenty thousand rupees, or with
both. Thus, the punishment prescribed is imprisonment upto one year or fine
upto Rs.20,000/-. Undoubtedly, the procedure prescribed for the summary trial,
that is, summons case, has to be followed. Consequently, it was to be held that
the procedure to conduct an enquiry for action under Sections 18, 19, 20, 21,
22 and 23 of the Act applicable is by the procedure prescribed by the Code of
Criminal Procedure, 1973, (summons case) as the punishment prescribed under
Section 31 is only up to one year. This is as envisaged under Section 28 of the
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That I gave a submission on 14/09/2015 to Chief Justice of Delhi high court
quash 498a quashing of 307 anticipatpru bail notice bail rti on police bail
cancellation NBW non bailable warrant complaint against corrupt police contempt
of court fair investigation biased unethical practices court record tampering
detective& also to Registrar Vigilance of high court quash 498a quashing of
307 anticipatpru bail notice bail rti on police bail cancellation NBW non
bailable warrant complaint against corrupt police contempt of court fair
investigation biased unethical practices court record tampering detective&
other relevant authorities regarding Atur Chatur Helpline for perjury u/s 340
on Atur Chatur Helpline for perjury u/s 340 i.e., court record tampering done
on court record tampering arising out of present matter being discussed,
nullity :- It is worthwhile to record the striking observation of Hon’ble SC in
the case of A.V. PAPAYYA SASTRY & ORS versus Govt of A.P. & Ors –
(2007) 4 SCC 221 – Now, it is well settled principle of law that if any
judgment or order is obtained by Fraud, it cannot be said to be a judgment or
order in law. Before three centuries, Chief Justice Edward Coke proclaimed;
"Fraud avoids all judicial acts, ecclesiastical or temporal". It is
thus settled proposition of law that a judgment, decree or order obtained by
playing fraud on the Court, Tribunal or Authority is a nullity and non est in
the eye of law. Such a judgment, decree or order by the first Court or by the
final Court has to be treated as nullity by every Court, superior or inferior.
It can be challenged in any Court, at any time, in appeal, revision, writ or
even in collateral proceedings, solemn duty of the court to rectify the mistake
:- In the case of State of Orissa v. Mamata Mohanty, (2011) 3 SCC 436, the Apex
Court observed as saying that once the court comes to the conclusion that a
wrong order has been passed, it becomes the solemn duty of the court to rectify
the mistake rather than perpetuate the same, (2011) 3 SCC 436. It is therefore
humbly requested before this Hon’ble Court to issue directions to nullify this
order dated, inherent powers of high court quash 498a quashing of 307
anticipatpru bail notice bail rti on police bail cancellation NBW non bailable
warrant complaint against corrupt police contempt of court fair investigation
biased unethical practices court record tampering detective:- I would like to
remind this Hon’ble court about the inherent powers of the high court quash
498a quashing of 307 anticipatpru bail notice bail rti on police bail
cancellation NBW non bailable warrant complaint against corrupt police contempt
of court fair investigation biased unethical practices court record tampering
detectiveas below:- In Raghubir Saran versus State of Bihar– “The Courts exist
not only for securing obedience to law of the land but also for securing ends
of justice in its widest sense. All Courts, including the HC can exercise such
powers as the law of the land confers upon them as well as such inherent powers
to do justice as are preserved expressly or are not taken away by a Statute. It
is necessary to remember that courts are established to do justice, even though
high court quash 498a quashing of 307 anticipatpru bail notice bail rti on
police bail cancellation NBW non bailable warrant complaint against corrupt
police contempt of court fair investigation biased unethical practices court
record tampering detectiveis subordinate to Supreme Court :- Every practice of
court must find its ultimate justification in the interest of justice. Every
Court possesses the power to do justice. Absence of conferment of powers on
subordinate courts does not change this basic and fundamental principle which
is inbuilt in every civilized system of law. The primary duty of the court is
to see that truth is arrived at, In The State of Uttar Pradesh Vs. Mohammad
Nooh [1958 SCR 595] Vivian Bose, J. said that justice should be done in a
common sense point of view stating: "I see no reason why any narrow or
ultra technical restrictions should be placed on them. Justice should, in my
opinion be administered in our courts in a common sense liberal way and
be broad based on human values rather than on narrow and restricted
considerations hedged round with hair-splitting technicalities, doctrine of
fraud :- In the case of S P Chengalverau versus Jagannath – (1994) 1 SCC 1, the
Hon’ble SC had the occasion to coin the doctrine of fraud, Allowing the appeal,
setting aside the judgment of the high court quash 498a quashing of 307
anticipatpru bail notice bail rti on police bail cancellation NBW non bailable
warrant complaint against corrupt police contempt of court fair investigation
biased unethical practices court record tampering detectiveand describing the
observations of the high court quash 498a quashing of 307 anticipatpru bail
notice bail rti on police bail cancellation NBW non bailable warrant complaint
against corrupt police contempt of court fair investigation biased unethical
practices court record tampering detectiveas 'wholly perverse', Kuldip Singh,
J. stated: "The courts of law are meant for imparting justice between the
parties. One who comes to the court, must come with clean-hands. We are
constrained to say that more often than not, process of the court is being
abused. Property-grabbers, tax- evaders, bank-loan- dodgers and other
unscrupulous persons from all walks of life find the court - process a
convenient lever to retain the illegal-gains indefinitely. We have no
hesitation to say that a person, whose case is based on falsehood, has no right
to approach the court. He can be summarily thrown out at any stage of the
litigation" (emphasis supplied), perverse order :- The perversity of the
order implies – The Court ignored the relevant provision of law; and / or The
Court ignored the material facts and evidences which were on record; The Court
considered and emphasized upon irrelevant facts in its Order, In the case of
Parrys (Cal) Employees Union versus Parrys and Co – AIR 1966 Cal 31, 42 – it is
observed as – perverse finding means which is not only against the weight of
the evidence but is altogether against the evidence itself. In the case of
Narayanagowde versus Girijamma – AIR 1977 Kar 58, 60, it is observed as – an
Order which is made in conscious violation of pleadings and law is a perverse
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which your esteemed authority feels come under other authority then kindly send
only those parts to other authorities as this Hon’ble Court deems fit &
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order &/or other legal action, This illegal order has put my life &
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ipc, 156(3), HELP LINE FOR HARASSED HUSBANDS & FAMILIES, Here comes a
mobile app to save men from harassment, Does your wife torture you? Contact Man
Cell, save indian famly, save india family, foundation, mynation, Harassed by
wife? Contact the men's cell, Now, a helpline for harassed men, Raped, tortured
by wives: Helpline for Indian men gets 100 calls per day, HelpLine Numbers -
Men's Rights Association, Men's helpline gets 25,000 calls over four months,
Save Indian Family NGO starts helpline for men in distress, Domestic Violence
Against Men Helpline, Men's rights movement in India, Helplines For Male Sexual
Problem in Delhi, Harassed hubbies dial Delhi women's helpline, help line for
men man in distress, men's movement, men's liberation movement, men's rights
movement (MRM), issues of male disadvantage, discrimination and oppression,
issues in including family law, parenting, reproduction, domestic violence and
government services (including education, compulsory military service, social
safety nets, and health policies) which purportedly discriminate against men,
Scholars consider the men's rights movement or parts of the movement to be a
backlash to feminism, Men's rights activists, men have greater power, privilege
or advantage than women do, related to child custody, child support, and in
division of marital assets during divorce, activities associated with the men's
rights movement have been criticized described as misogynistic, Relation to
feminism, Adoption, Anti-dowry laws, Child custody, Circumcision, Divorce,
Domestic violence, Education, Female privilege, Governmental structures,
Paternity fraud, Prison, rape, False accusations against men, Criminalization
of marital rape, Reproductive rights, Social security and insurance, Suicide,
term "men's rights" was used connected men's rights organizations
formed in Austria, women's emancipation", Justitia League for Family Law
Reform, Aequitas World's League for the Rights of Men, League of Men's Rights,
three men's rights groups opposed women's entry into the labor market,
requirement to pay spousal and child support to former wives and illegitimate
children, and supported the use of blood tests to determine paternity,
anti-feminist men's rights movement, Men's rights activists have rejected
feminist principles, men are disadvantaged, oppressed, or discriminated
against, society and men have been "feminized" by the women's
movement, roles as the primary carers and nurturers of children.",
National Coalition of Free Men, men's rights group, UK Men's Movement, Save
Indian Family Foundation (SIFF), Protest in New Delhi for men's rights
organized by the Save Indian Family Foundation, Men's rights groups have formed
in some European countries, They believe that rights have been taken away from
men and that men are victims of feminism and feminizing influences in society,
men as a group have institutional power and privilege, men are often victimized
and disadvantaged relative to women, Men's rights groups generally reject the
notion that feminism is interested in men's problems, and some men's rights
activists have viewed the women's movement as a plot to conceal discrimination
against men, exhibiting misogynistic tendencies, disturbing complaints about
the treatment of men, misogynistic tone, own groups or movements, such as the
fathers' rights movement, concerned specifically with divorce and child custody
vizitation no maintenance if no visitation how ro win custody of child male
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women cellissues, gender roles, an expectant mother deprives an adopted child
of a relationship with the biological father. undue pressure, to have an
abortion, Anti-dowry laws, misuse legislation meant to protect them from dowry
death and bride burnings, focuses on the abuse of anti-dowry laws against men,
campaigned to abolish Section 498A of the Indian Penal Code, which protects
wives from being harassed for refusing to pay dowries, being abused to settle
petty disputes in marriage,poa to lawyer wife hides employment job salary
maintenance false 125 crpc counter attack before framing of issues framing of
charges quash charge sheet discharge of relatives personal exemption how to win
against false dowry claims to imprison
them, Child custody, Fathers' rights movement, Family law is an area of deep
concern among men's rights groups. Men's rights activists argue that the legal
system and family courts discriminate against men, especially in regards to
child custody vizitation no maintenance if no visitation how ro win custody of
child male child custody female child female foeticide abortion by wife
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complaint crime against women cellafter divorce, same contact rights or
equitable shared parenting rights as their ex-spouse, statistics on custody
vizitation no maintenance if no visitation how ro win custody of child male
child custody female child female foeticide abortion by wife miscarriage kick
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women cellawards, evidence of judicial bias against men, Men's rights advocates
seek to change the legal climate for men through changes in family law,
lobbying for laws that would make joint custody vizitation no maintenance if no
visitation how ro win custody of child male child custody female child female
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close false caw cell complaint crime against women cellthe default custody
vizitation no maintenance if no visitation how ro win custody of child male
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women cellarrangement except in cases where one parent is unfit or unwilling to
parent, framing custody vizitation no maintenance if no visitation how ro win
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wife miscarriage kick forced abortion 313 312 ipc how to close false caw cell
complaint crime against women cellissues as a matter of basic civil rights,
lack of contact with their children makes fathers less willing to pay child
support, Some others cite the parental alienation syndrome as a reason to grant
custody vizitation no maintenance if no visitation how ro win custody of child
male child custody female child female foeticide abortion by wife miscarriage
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against women cellto fathers, notion of judicial bias against men[83] and that
men's rights advocates, men's rights advocates appeal for "equal
rights" without specifying the constitutional rights, joint legal custody
vizitation no maintenance if no visitation how ro win custody of child male
child custody female child female foeticide abortion by wife miscarriage kick
forced abortion 313 312 ipc how to close false caw cell complaint crime against
women celldoes not increase the likelihood that fathers will pay child support
or remain involved parents, Circumcision controversies, Men's rights activists
see circumcision, especially routine neonatal circumcision as a violation of
men's genital integrity, female genital mutilation has received more attention
than male circumcision, circumcision is a violation of men's right to health
and bodily integrity, Divorce, Men's rights groups in the United States began
organizing in opposition of divorce reform and custody vizitation no
maintenance if no visitation how ro win custody of child male child custody
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313 312 ipc how to close false caw cell complaint crime against women cellissues,
divorce law discriminated against them and favored their wives, court handling
of divorces and child custody vizitation no maintenance if no visitation how ro
win custody of child male child custody female child female foeticide abortion
by wife miscarriage kick forced abortion 313 312 ipc how to close false caw
cell complaint crime against women cellprocesses, Divorce courts are frequently
like slaughter-houses, function as collection agencies for lawyer fees, however
outrageous, stealing children and extorting money from men in ways blatantly
unconstitutional, support two households are termed "runaway fathers,
Contrary to all principles of justice, men are thrown into prison for inability
to pay alimony and support, however unreasonable or unfair the
"obligation, men are consciously or unconsciously opting out of marriage
and engaging in a "marriage strike" as a result of the lack of benefits
in marriage and the emotional and financial consequences of divorce, including
alimony and child custody vizitation no maintenance if no visitation how ro win
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complaint crime against women celland support, Men's rights activists have
argued that divorce and custody vizitation no maintenance if no visitation how
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false caw cell complaint crime against women celllaws violate men's individual
rights to equal protection, systemic biases that women face that justify
protective divorce and custody vizitation no maintenance if no visitation how
ro win custody of child male child custody female child female foeticide
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false caw cell complaint crime against women celllaws, Domestic violence,
Domestic violence against men, Men's rights advocates describe domestic
violence committed by women against men as a problem that goes ignored and
under-reported,men are reluctant to describe themselves as victims, women are as
aggressive or more aggressive than men in relationships, domestic violence is
sex-symmetrical, evidence of sex-symmetry, Men's rights advocates argue that
judicial systems too easily accept false allegations of domestic violence by
women against their male partners, false claims about male domestic violence
are ubiquitous and immune to refutation, Men's rights advocates have been
critics of legal, policy and practical protections for abused women,
campaigning for domestic violence shelters for battered men, legal system to be
educated about women's violence against men, focus on women's violence stems
from a political agenda to minimize the issue of men's violence against women,
influence of feminism on education for discrimination against and systematic oppression
of boys in the education system, predominance of female teachers, a focus on
girls' needs as well as a curricula and assessment methods that favour girls
have proved repressive and restrictive to men and boys, Men's rights groups
call for increased recognition of masculinity, greater numbers of male role
models, more competitive sports and the increased responsibilities for boys in
the school setting. They have also advocated clearer school routines, more
traditional school structures, including single-sex classes, and stricter
discipline, men and women to be harmed equally by sexism, and those who view
society as endorsing the degradation of men and upholding female privilege,
Men's rights groups have called for male-focused governmental structures to
address issues specific to men and boys including education, health, work and
marriage, Men's Welfare Ministry and a National Commission for Men, as well as
the abolition of the National Commission for Women, health issues faced by men
and their shorter life spans as compared to women as evidence of discrimination
and oppression, men's health issues as compared to women's, including noting
that prostate cancer research receives less funding than breast-cancer
research, reduce the disparity between men's and women's life expectancy,
Paternity fraud, Misattributed paternity and paternity fraud, Men's and
fathers' rights groups, high levels of misattributed paternity or
"paternity fraud", where men are parenting and/or supporting
financially children who are not biologically their own, biological views of
fatherhood, emphasizing the imperative of the genetic foundation of paternity
rather than social aspects of fatherhood, men should not be forced to support
children fathered by another man, non-biological fathers are denied the
resources to have their own biological children in another relationship,
paternity testing to reassure presumed fathers about the child's paternity,
compulsory paternity testing of all children, mandatory paternity testing of
all children, Prison, Men's rights activists point to differential prison terms
for men and women as evidence of discrimination, evidence that men receive
harsher prison sentences and are more likely sentenced to death in the United
States, society's belief in women as more innocent and credible, conditions in
men's prisons and the lack of attention to prison male-to-male rape by
authorities, Rape, False accusations against men, False accusation of rape,
Men's rights activists are concerned with false accusations of rape and sexual
assault, desire to protect men from the negative consequences of false
accusations, rape allegations may be false, false accusations are a form of
psychological rape, Criminalization of marital rape, Marital rape, Legislation
and judicial decisions criminalizing marital rape are opposed by some Men's
rights groups in the United Kingdom, the United States and India, reasons for
opposition include concerns about false allegations related to divorce,
proceedings, men's rights organization, has opposed recent efforts to
criminalize marital rape in India, arguing that "no relationship will work
if these rules are enforced, Reproductive rights, whether men should have the
opportunity to decline all paternity rights and responsibilities in the event
of an unplanned pregnancy, man's right to disclaim fatherhood would be
analogous to a woman's right to abortion rests upon a false analogy, Suicide,
Gender differences in suicide, Men's rights portal, Social movements portal,
Fathers' rights movement by country, Save Indian Family (SIF), Men's studies,
Masculism, Feminism, Misandry, Sexism, A Voice for Men, National Coalition for
Men, Paternal rights and abortion, Reverse discrimination, The Good Men
Project, Women's rights, Women and children first, Fatherhood Politics in the
United States: Masculinity, Sexuality, Race, and Marriage, cases of perceived
discrimination make up the men's rights view that men are considered, by
government and society, to be more expendable than women, Men's rights advocates,
for example, target sex-specific military conscription and judicial practices
that discriminate against men in child custody vizitation no maintenance if no
visitation how ro win custody of child male child custody female child female
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close false caw cell complaint crime against women cellcases, Interdisciplinary
Gender Studies, Men's Collective Struggles for Gender Justice, Case of
Antiviolence Activism, League for Men's Rights to protect the endangered
existence of men, Men's Liberation and Men's Rights Movement's Discourse,
Interrogating recuperative masculinity politics in schooling".
International Journal of Inclusive Education, rejected the move to a more equal
gender order and more equal gender regimes in all of the major institutions of
society, Fathers' Rights, Men's rights groups go mainstream, Engaging men in
prevention of violence against women, Are You Man Enough for the Men's Rights
Movement?, Feminism is a sexual strategy, online men’s rights group, Fatherhood
Politics in the United States: Masculinity, Sexuality, Race, and Marriage.
Urbana, Despite their claims of victimhood, men's and fathers' rights advocates
are usually white, middle-class, heterosexual men who tend to overlook their
institutional and socioeconomical advantages in work and the family, Men's
movement, Reverse Discrimination Cases and the Men's Rights Movement, Men
engaging feminisms: pro-feminism, backlashes and schooling, Articulation of
Men's Rights, Women, Gender and Everyday Social Transformation in India, men's
rights groups claim that the family law system and the Family Court are biased
against men, despite the lack of supporting empirical research, Men and gender
relations, it is usually disaffected fathers and men's rights groups, who have
masked their own claims behind the rhetoric of the rights of the child to know
and be cared for by both parents, Male and female circumcision medical, legal,
and ethical considerations in pediatric practice, Is infant male circumcision
an abuse of the rights of the child, Have Anti-Father Family Court Policies Led
to a Men's Marriage Strike, The Marriage Strike: why men don't marry". Men
on Strike: Why Men Are Boycotting Marriage, Fatherhood, and the American
Dream-And Why It Matters, men's rights advocacy groups use family conflict
research .. to eliminate laws defining marital rape as a crime (the Equal
Justice Foundation, Equality with a Vengeance: Men's Rights Groups, Battered
Women, and Antifeminist Backlash, Gender Symmetry" in Domestic Violence,
Indeed the premise of all men's rights literature is that men are not
privileged relative to women... Having denied that men are privileged relative
to women, this movement divides into those who believe that men and women are
equally harmed by sexism and those who believe that society has become a
bastion of female privilege and male degradation, father's custody vizitation
no maintenance if no visitation how ro win custody of child male child custody
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313 312 ipc how to close false caw cell complaint crime against women cellrights,
Feminism Has Created Progress, , Who's the father? Rethinking the moral ‘crime’
of ‘paternity fraud’". Women's Studies International Forum, Women and
Technologies of Reproduction, The myth behind paternity fraud, Sex Contract
Shares Intimate Knowledge, Anti-Feminism, False Rape Accusations May Be More
Common Than Thought, The New Politics of Masculinity: Men, Power and
Resistance, Are You Man Enough for the Men's Rights Movement?