498a & 482 quashing
RAY
(Querist) 18 August 2012
This query is : Resolved
Ld.Friends,
Refer to the subject please note that my x-wife lodged a false 498A case along with DV way back in July,2011 saying that i am not physically fit to perform my conjugal duties, doctors/medical reports says other.
I got AB and apply 482 quashing to the Hnble HC(Kolkata). Hnble HC stay the proceeding.
Mean while she withdraw the DV from lower court & our marriage declared "Null & Void" be lower court as the marriage was not at all consummated(we lived together only 2days).
Now my advocate want both party should file a compromising petition (CRAN) to the HC & get it qashed.
But my x-wife and x-in laws demand money from us through our advocate & intended to say that 'No money no compromising petition".
now my quires are:
1. If they do not want to file CRAN petition then we will have to fight on the basis of merit. In that case how much help we can get from withdraw of DV, Judgement of Nullity.
2. They want money to settle the matter out of the court. In that case what should I do.
3. If it is not quashed, then how to face the trial court.
ajay sethi
(Expert) 18 August 2012
your marriage has been declared null and void . your 498 A case has been stayed . fight the 498 A case on merits . you have medical reports which prove that you are not impotent and false case is filed against you . fight the case dont pay exhorbitant amounts . settle for reasonbnable figure if possible
Devajyoti Barman
(Expert) 18 August 2012
1. Nothing as it has got nothing to do with the merit of 498A case.
2. That depends on your preference.
3. Fight case on merit.
Raj Kumar Makkad
(Expert) 14 November 2012
I have also the similar views as expressed above.
