Tag Archives: Fake 498a

Do not let 498a females hug you. They themselves are poison needles. They’ll kill you & UR dear ones together 😢😢

Many fake 498a and a fake DV females claim that they want to come back. Do not fall for that bear trap, beat hug. They don’t need special poison needles to kill you. They themselves are poison and can easily kill you and You are near and dear ones. In addition to telling you they will wipe out all your assets. Beware. Be safe. God bless.

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I am NOT a #HasinJahan supporter. But when an #alfa faces #karma I grab the popcorn :-) Forgive me oh Lord !! :-)

I am NOT a #HasinJahan supporter. NOT at all. But when an #alfa, who NEVER worried about #MensRights, who never worried about #MalePlight, or the plight of mothers , fathers, brothers and sisters, when such an #AlfaMale faces #Karma, I feel like grabbing #popCorn !! Forgive me oh Lord ! 🙂

#Nirav #Modi’s passport ONLY suspended, NOT revoked.His mother, sister not arrested like #Fake498a #FakeDV. He has ample time to flee

When a #fakeDV or #Fake498a is filed, the the police raid the houses of poor hapless husbands, do NOT wait for them to prove their innocence, do NOT give them time, and in many case go to arrest their sister and mother even. Poor beta husbands are harassed NO end and many have committed suicide due to depression

However in the case of alleged scammer like #NiravModi his passport is ONLY suspended and NOT yet revoked

This gives him ample time to do a #LalitModi and run away to some unknown country and take asylum there

Screenshot - 2_16_2018 , 6_22_43 PM

India suspends Nirav Modi’s passport but he may have Belgian papers

ET Online|
Updated: Feb 16, 2018, 03.32 PM IST

 

The external affairs ministry has suspendedNirav Modi and his uncleMehul Choksi’s passports for 4 weeks. Both Modi and Choksi have been named by PNB in a complaint that they have filed with Central Bureau of Investigation regarding the Rs 11,300 crore fraud they committed in connivance with a few junior bank employees.

But Modi, according to reports, may have citizenship or permanent resident status of some other country as well.
Modi, his wife Ami, brother Nishal and uncle and business partner Mehul Choksi all left the country in the first week of January. Modi was last seen in Switzerland at the World Economic Forum’s annual meet in Davos (January 23-26). Ami is said to be an American citizen, while Nishal is a Belgian national.

With his operations spread across the world, Modi is said to spend a lot of time in the US. Some associates in the diamond trade claim to have seen him use a Belgian passport while travelling.

They added that Modi used to frequently visit India, but had cut down on his visits in the last two years. “He often said there was little time to fly down to India. But he was quick to add that he was just a phone call away for friends who were never separated by distance,” an associate told ET.

The ministry has given the two one week to respond why their passports should not be revoked. “If they fail to respond within the stipulated time it will be assumed that they have no response to offer and the MEA will go ahead with the revocation,” the ministry said in a statement.

Announcing the suspension, the MEA statement said,”On the advice of the Enforcement Directorate, the passport issuing authority in the MEA has today suspended the validity of passports of Nirav Deepak Modi and Mehul Chinubhai Choksi with immediate effect for a period of four weeks u/s 10(A) of the Passports Act 1967.”

They have been asked to respond within one week why their passports should not be impounded or revoked under Section 10 (3) (c) of the Passports Act 1967, it said.

Born into a family of diamond merchants where the empire spread across continents, Modi is caught in the biggest corporate scandal in the country. But to soothe the frayed nerves of bankers, he had written promising to repay all the money he owed.

But banks are firm and suspect that the promise may not be met. The passport suspension could be the first step from the banks keen on saving whatever they can. They have decided to recall all loans given to companies related to Modi and Choksi of Geetanjali Gems.

Nirav Modi is the brand on which his entire business edifice was built with brand ambassadors ranging from Bollywood star Priyanka Chopra to Andrea Diaconu and retail stores from London to gamblers paradise Macau. Given the scandal, it is not clear how many celebrities would continue to associate and promote the brand, or even consumers who were drawn to the products would step into those outlets again.

That essentially could pull down the sales, profits and ultimately the value of the firm. It may be valued far less than the Rs 6,000 crore that he has indicated.

 

source

https://economictimes.indiatimes.com/new  s/politics-and-nation/india-suspends-nirav-modis-passport-but-he-may-use-belgi an-status-to-dodge-sleuths/article show/62945496.cms

Fake #498a wife’s #transfer petition on HMOP #dismissed by #Madras #HighCourt

Aunt and uncle arrested in wee hours by police, on the basis of a fake #498a file MUCH after matirmonial discord started

US based NRI husband & relatives accused

HC refuses wife’s transfer petition !!


 

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2009

CORAM

THE HONOURABLE MR. JUSTICE M.VENUGOPAL

Tr.C.M.P.No.361 of 2008

Nivashini Mohan .. Petitioner

Versus

R.Nivendran .. Respondent

Transfer Civil Miscellaneous Petition is filed to withdraw and transfer the H.M.O.P.No.311 of 2008 from the file of the II Additional Family Court, Chennai to the file of the Sub-Court, Chengalpattu to be tried along with H.M.O.P.No.201/2008.

For Petitioner : Mr.T.R.Senthil Kumar

For Respondent : Mr.Thomas T.Jacob

ORDER

The petitioner/wife has filed this Transfer C.M.P.361/2008 praying for issuance of an order by this Court, directing the transfer of HMOP.311/2008 from the fire of the II Additional Family Court, Chennai to the file of the Sub-Court, Chengalpattu to be tried along with HMOP.201/2008.

  1. The petitioner/wife in her affidavit in the Transfer Petition has averred that her marriage with the respondent/husband has taken place on 2.7.2006 according to Hindu Rites and Customs at Vemubuli Amman Temple, Aminjikarai, Chennai, though the marriage has been formally registered on 28.06.2006 and later by the threat and compulsion of the respondent/husband registered the marriage at Sub-Registrar Office, Pammal on 26.09.2005 and because of the continuous harassment and demand of dowry by the respondent/husband and his family members, she has faced cruelty and mental agony and that after her marriage, within a short span of three months. She has been driven out of the matrimonial house three times by the family members of the respondent/husband and that she has been compelled to give up her job and that she has been threatened to abort even at the very early stage of her pregnancy and that she has been forced to locate a rented house near her office at Perungudi on intimation to the respondent/husband, as per the advise of the Doctor and that she shifted her residence on 1.12.2006 and that having waited for two months, she sent E-mails to the respondent/husband narrating all the ill-treatments and cruelty meted out to her. The respondent/husband filed HMOP.352/2007 before the Principal Family Court, Chennai under Section 9 of the Hindu Marriage Act alleging as if the petitioner/wife has refused to join with him and on 18.4.2007, the said HMOP has been dismissed based on the endorsement made by the parties and the respondent/husband has come to Perungudi after three days on 21.04.2007 and that during the said stay of the respondent/husband from 21.04.2007, he has threatened the petitioner/wife to give consent for divorce or comply with the demand of his family members and after the birth of the male child, the respondent/husband with his family members identified a rented house, an unfinished one near his parents residence at Arumbakkam and that she has been asked to vacate the house at Perungudi on 31.07.2007 and that the respondent/husband has brought her and the child to Vandalur at the residence of her parents etc.
  2. It is the further case of the petitioner/wife that she has been required to come with the 40 days infant child to Arumbakkam on 8.8.2007 to the newly rented house in the second floor at Arumbakkam and on believing the assurance of the respondent/husband, when she went there on 8.8.2007, the respondent/husband has not taken care of her and her child and used to go to his parents house even without providing food etc and that the child’s eyes were affected and that the respondent/husband sent her out from the matrimonial house on 11.08.2007, on the ill advise of his family members.

  3. Eversince the time she has been driven out by her husband, she has been living at Vandalur with the help of her parents and that she made frequent efforts to contact the respondent/husband to take clothes and medicines for the child etc and later she shifted her house to Tharamani near her office after intimating the same to the respondent/husband and she came to know that the respondent/husband was in abroad in U.S.A during that time. But her efforts to contact him has ended in vain and later she gave a complaint before the Protection Officer, Teynampet, Chennai requesting for arranging a reunion with the respondent/husband, but he participated in the enquiry on 31.1.2007, but failed to yield the advise of the Protection Officer and subsequently, she has been perforced to file a criminal complaint before the Chief Metropolitan Magistrate Court, Egmore, Chennai and the same being forwarded to the Inspector of Police, W7-All Women Police Station, Anna Nagar, Chennai which culminated in filing of charge sheet in C.C.10989/2008 against the respondent and his family members and prior to that she has filed HMOP.201/2008 before the Sub-Court, Chengalpattu under Section 9 of the Hindu Marriage Act praying for restitution of conjugal rights and that the respondent has entered appearance through his counsel and later, she has been informed by her friend that a Paper Publication, dated 5.7.2008 has been effected by the respondent as a public notice for her appearance on 2.9.2008 in a case before the II Additional Family Court, Chennai in O.P.311/2008.

  4. With this background, the learned counsel for the petitioner/wife submits that the petitioner/wife has to spend a minimum of 4 hours for her travel from Chengalpattu to the court at Chennai for her appearance and further that as per the Family Court proceedings, the personal appearance of the parties on the date of hearing is mandatory and as such, the wife may not be able to appear before the II Additional Family Court on every hearing date, since she has a child and living near Chengalpattu and therefore prays for allowing the Transfer Original Petition in the interest of justice.

  5. The respondent/husband has filed a detailed counter inter alia stating that he sent a mail on 16.01.2007, requesting the petitioner/wife to sort out differences if any by going before the marital counselling. But the same has been shunted with retaliatory mails abusing him and his parents and that he filed O.P.352/2007 before the Principal Family Court for restitution of conjugal rights and after the disposal of the complaint, the petitioner/wife has refused to live in his house stating many allegations against his parents and sister that they would be ill treating her etc. and when there were vast difference of opinion at the end of the counselling both have agreed to start a new life forgetting the past and also with an agreement to accept each others parents etc. and that because of the attitude of the petitioner/wife, the marriage has ultimately broken and that the petitioner/wife has filed a complaint under the Domestic Violence Act before the Protection Officer, Teynampet, Chennai against him, his parents, sister, uncle and aunt and he has been in USA during this period and since he returned to Chennai, he informed the Protection Officer who has taken part in the enquiry and later he filed O.P.311/2008 on the file of the II Additional Family Court, Chennai on 1.12.2008 and in the meanwhile, the petitioner/wife has filed a false complaint before the learned Chief Metropolitan Magistrate, Egmore, Chennai under the Dowry Prohibition Act and the Domestic Violence Act and a First Information Report has been registered on the evening of 15.04.2008 and that his parents, sister, uncle and aunt have been taken into custody on 16.4.2008 early morning and that a charge sheet has been filed in C.C.10981/2008 before the Chief Metropolitan Magistrate Court and that complaint has been filed against the suspended Inspector of Police Mrs.Rajalakshmi for her partial attitude and non-investigation of the case as per the Criminal Procedure Code and the same is pending enquiry by the Directorate of Prosecution.

  6. Continuing further, with a view to harass the respondent/husband and his family another case C.C.356/2008 has been filed before the Judicial Magistrate No.II, Chengalpattu by the petitioner/wife in a different jurisdiction upon the same cause of action. When a complaint has been preferred to the Protection Officer, Chennai under the same act is pending and that the petitioner has subjected herself to the jurisdiction of Chennai in the marital case earlier when she has been residing in a residence outside the jurisdiction of the Court and that she has also sought the relief before the Protection Officer, Chennai, when she has been residing outside the jurisdiction and in C.C.10981/2008 pending before the Chief Metropolitan Magistrate Court, she has sought the relief, while she has been outside the jurisdiction and that the restitution of conjugal rights proceedings instituted in Chengalpattu and therefore, the respondent/husband prays for dismissing the transfer petition.

  7. It is true that in transfer of matrimonial petitions, convenience of the wife must be given the prime importance. The important principle for exercising of the powers under Section 24 of the C.P.C. is the convenience and inconvenience of the parties. The question of expediency will depend upon the facts and circumstances of each case. However, the paramount consideration for exercise of the power must be to meet the ends of justice. For the purpose of transfer, the balance of convenience of the parties should be considered. Moreover, the petition under Section 24 of C.P.C. is not to be dealt with lightly and the transfer of a case from one court to another should not be granted readily for any fancied notion of the petitioning party. For the purpose of transfer, a court of law is required to find out whether a particular party has chosen a forum in utter disregard to the convenience of the parties for some ulterior object and in abuse of her position as a arbiter litus. The basic principle is for exercise of power under Section 24 of the CPC. is the convenience and the inconvenience of the parties.

  8. The prayer of the petitioner/wife is that she was residing at Guduvancherry and OP.201/2008 is pending on the file of the Sub-Court, Chengalpattu and that her husband, namely, the respondent has filed O.P.311/2008 on the file of the II Additional Family Court, Chennai and that she has not been in a position to appear before the Family Court, Chennai inasmuch as the Court at Chennai is very near to her residence and that she has to spend a minimum of 4 hours for travel from Chengalpattu to Chennai to appear before the II Additional Family Court, Chennai in connection with the hearing of O.P.311/2008 and therefore, the application for transfer may be allowed by this Court to promote the substantial cause of justice.

  9. Admittedly, the respondent/husband is facing some cases C.C.356/2008 on the file of the Judicial Magistrate No.II, Chengalpattu, C.C.10981/2008 on the file of the Chief Metropolitan Magistrate Court, Chennai and in between the parties, matrimonial Original Petitions are pending. The fact that the petitioner/wife has earlier subjected herself to the jurisdiction of Chennai in a matrimonial case, when she has been residing in a residence outside the Court jurisdiction cannot be disputed. Furthermore, she has also sought the relief of Protection Officer in Chennai, while she has been residing outside the jurisdiction. The case in C.C.10981/2008 pending on the file of the Chief Metropolitan Magistrate Court has been initiated, when the petitioner’s residence has been outside the courts jurisdiction. The petitioner/wife has also filed C.C.356/2008 on the file of the Judicial Magistrate No.II, Chengalpattu under the provisions of the Domestic Violence Act. One cannot brush aside an important fact that the HMOP.201/2008 filed by the petitioner/wife before the Sub-Court, Chengalpattu is only after the filing of the two criminal cases.

  10. Be that as it may, on a careful consideration of the respective contentions, this Court is of the considered view that it is not possible for this court to allow the Transfer Civil Miscellaneous Petition inasmuch as the balance of convenience is not in favour of the petitioner and in that view of the matter, the petition fails and the same is hereby dismissed. No costs. However liberty is given to the petitioner/wife to file necessary application before the II Additional Family Court, Chennai, where O.P.311/2008 is pending and seek exemption of her personal appearance and on such application is being filed by the petitioner/wife, the II Additional Family Court, Chennai is directed to consider the same on merits, after providing due opportunity to the respondent/husband to file his counter in the manner known to law. The II Additional Family Court, Chennai is directed to dispose of the HMOP.311/2008 within a period of four months from the date of receipt of a copy of this Order. Moreover, the parties are directed to co-operate with the II Additional Family Court with regard to the completion of the proceedings.

.01.2009 Index : Yes/No.

Internet: Yes/No.

M.VENUGOPAL, J.

 

tsi

To

  1. The II Additional Family Judge, Chennai.
  • The Section Officer, V.R.Section, High Court, Madras.

  • Tr.C.M.P.No.361 of 2008

     

    tsi

    Hon JUSTICE J.B.PARDIWALA quashes #fake498a against NRI husband. Guj HC #498aQuash

    In this case, wife files #498a case on her #NRI_Husband. Three incidents are alleged, one of which is on on Feb 2014 while the husband has left India on 04th june 2013 !! He seems to have taken employment and is living in Bahrain (Middle East). The Mother in law is projected as a cruel woman but the allegations against her are vague in nature.

    The Hon Judge orders as follows “….I have no hesitation worth the name in quashing the proceedings of the Criminal Case referred to above so far as the mother-in-law is concerned. As such, there are no allegations which constitute cruelty within the meaning of Section 498A of the Indian Penal Code. Whatever allegations have been levelled are quite vague and general. So far as the husband is concerned, I take notice of the fact that from June 2013 he is in Bahrain. It seems that he has taken up employment in Bahrain. As usual, it appears that the first informant could not adjust herself at her matrimonial home on account of the disputes which could be termed as mundane matters. In the result, this application is allowed. The FIR being CR-II No.44 of 2014 registered with the Jalalpore Police Station, District Navsari, as well as the proceedings of the Criminal Case No.3757 of 2014 pending in the Court of the learned JMFC, Navsari, are hereby quashed. …”

    ==========================================================

    R/CR.MA/12027/2015 ORDER

    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 12027 of 2015

    ===============

    PARESHBHAI PRAVINBHAI PATEL & 1….Applicant(s)

    Versus

    STATE OF GUJARAT & 1….Respondent(s)

    ================

    Appearance:
    MR ZUBIN F BHARDA, ADVOCATE for the Applicant(s) No. 1 – 2
    DS AFF.NOT FILED (R) for the Respondent(s) No. 2
    MS NISHA THAKORE, APP for the Respondent(s) No. 1

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

    Date : 02/02/2017

    ORAL ORDER

    The respondent no.2 although served with the notice issued by this Court, yet has chosen not to remain present either in person or through an advocate and oppose this application.

    By this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants – original accused nos.1 and 2 seek to invoke the inherent powers of this Court praying for quashing of the FIR being CR-II No.44 of 2014 registered with the Jalalpore Police Station, District Navsari, for the offence punishable under Sections 498A, 323, 504 read with Section 114 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

    The applicants before me are none other than the husband and the mother-in-law of the respondent no.2 – first informant.

    It appears from the materials on record that the respondent no.2 got married to the applicant no.1 on 10th December 2012. It is alleged in the FIR that the husband is addicted to liquor. The husband used to pick up quarrel on petty issues and harass the first informant.

    In the FIR, there is a reference of three specific incidents. Let me start with the incident of 15th February 2013. It is alleged that on that day, the applicant no.1 came home heavily drunk and started beating the first informant. According to the first informant, she left the matrimonial home. While at her parental home, she realized that she had conceived. On 28th September 2013, the first informant gave birth to a baby girl at the Civil Hospital, Navsari. It is alleged that no one from the family of the husband came to inquire about the health of the first informant or to have a look at the new born baby. The third incident is dated 26th February 2014. It is alleged that on that particular day, the applicant no.1 called up the first informant on her mobile and told her that if she would get Rs.1 lac from her parents he would come on the next day and take her back to the matrimonial home. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; https://twitter.com/ATMwithDick

    As usual, the mother-in-law has also been projected as a very cruel woman.

    Mr.Bharda, the learned counsel appearing for the applicant, submitted that even if the entire case of the first informant is accepted or believed to be true, none of the ingredients to constitute an offence of cruelty within the meaning of Section 498A of the Indian Penal Code are spelt out. He submitted that the FIR is false for the simple reason that on 26th February 2014, the applicant no.1 was not in India and was in Bahrain (Middle East). The learned counsel pointed out that the applicant no.1 left India on 4th June 2013. This itself goes to show that the FIR was concocted by levelling false allegations. He submitted that there is no case worth the name so far as the mother-in-law is concerned.

    On the other hand, this application has been vehemently opposed by Ms.Thakore, the learned APP appearing for the State. The learned APP would submit that the plain reading of the FIR prima facie discloses commission of a cognizable offence. The learned APP would submit that the police should be permitted to complete the investigation so far as the applicant no.1 is concerned. She pointed out that charge-sheet has been filed so far as the mother-in-law is concerned, and in the said charge-sheet, the applicant no.1 has been shown as an absconder. She prays that this application be rejected. Having heard the learned counsel appearing for the parties and having considered the materials on record, the only question that falls for my consideration is, whether the FIR so far as the applicant no.1 is concerned, should be quashed and the proceedings of the Criminal Case No.3757 of 2014 pending in the Court of the learned JMFC, Navsari, so far as the applicant no.2 is concerned, should be quashed. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; https://twitter.com/ATMwithDick

    I have no hesitation worth the name in quashing the proceedings of the Criminal Case referred to above so far as the mother-in-law is concerned. As such, there are no allegations which constitute cruelty within the meaning of Section 498A of the Indian Penal Code. Whatever allegations have been levelled are quite vague and general. So far as the husband is concerned, I take notice of the fact that from June 2013 he is in Bahrain. It seems that he has taken up employment in Bahrain. As usual, it appears that the first informant could not adjust herself at her matrimonial home on account of the disputes which could be termed as mundane matters.

    In the result, this application is allowed. The FIR being CR-II No.44 of 2014 registered with the Jalalpore Police Station, District Navsari, as well as the proceedings of the Criminal Case No.3757 of 2014 pending in the Court of the learned JMFC, Navsari, are hereby quashed. Rule made absolute to the aforesaid extent. Direct service is permitted.

    (J.B.PARDIWALA, J.)

    MOIN


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    This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.


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