498-a & 406 mental agony
Akbar Khan
(Querist) 11 March 2012
This query is : Resolved
I have asked this query earlier also, was given good suggestion by respected experts. I am facing mental agony now & also embarrassment from my officials also because of 498a & 406 hearing as I have to take at least 3 to 4 days off from my office. Please advice brief of the case ,
Married to a Lady in 2007 as per Muslim rituals both being Muslim(Mehar paid in full).the said lady on Jan 2009 left the house for two days but till Nov.2009 did not returned back despite repeated request. Ultimately on Nov. 2009 I divorced her through a divorce deed (Talaqnama), dispatched through registered post to the available address of the said ex-wife, which she refused to accept, but the lady filed case for the maintainess of baby after 5 day from date of dispatch of divorce deed, I accepted to pay max amount under this section to my baby as she herself being an employ, later in Oct 2010 the lady filled a case of restitution of Conjugal right in District Court, She also filed an FIR for 498A & 406 against me & my whole family in police, which culminated into challan in Court & which is pending for disposal in court, the police submitted Challan against me only & dropped my family members . After some times she filed an application in Women Commission, where I filed my objects but the commission gave the lady three recommendation against me at the back of me. The lady also filed same complain against me & my family in Human Rights Commission, I filed my reply there also & mentioned them all the cases which are pending in court.
Now my request is
1) For 498A & 406 from lost more than a year I am moving in court, I am in mental agony kindly advise me what to do as so for more it has charged nor discharged, even though all the allegations given by them are baseless. Kindly, advise how to handle this case as I am employ in an organsation.
2) What the role of SHRC is when all these cases are pending in different Courts, what sought of Human right violation I have done, as my Ex-wife & her father are saying I have violated their Human rights. My ex-wife & her father are dragging me here & there, torturing me. Kindly give me advice about my case in SHRC.
Shonee Kapoor
(Expert) 11 March 2012
SHRC has no role once the court case is pending.
You would need to fight out the case.
Also your lawyer can file for personal exemption in case you are unable to reach on a particular date.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 12 March 2012
You are very well advised by Mr.Kapoor.
V R SHROFF
(Expert) 12 March 2012
Exempt yourself from appearance, & fight it out.
Guest
(Expert) 13 March 2012
Nicely advised by Shri Shonee Kapoor.
Akbar Khan
(Querist) 21 March 2012
Thanx for the good advise by all experts.
The court has given next hearing on 22-3-2012,as no argument could take place on 16-3-2012,as judge which busy somewhere,
Can I go for Quashment & what ground i should take for Quashment ?????????????????because i am confused & my ex-inlaws did all sought of harrsement & mental torture to me.
As the FIR was filed after a gap 18 months from the day i served Talaq to her,
& On one hand she is saying mental torture & another hand she has filled RCR.
