Misuse of Law

Dharmender (Querist) 12 December 2010 This query is : Resolved
My wife has filed 2 cases against me and my family in Nov 2007

One case under DV Act.
Other one under 498A.
In 498A my parents my two sisters and my brother in law has been named.

Case against me my parents and my one siter is pending in Hight Court.
Case against my sister and her husband was sent back by high court diecting to hear discharge application.

DV Act case is against me only and I am fighting of my own.

Lower court magistrate is favouring my wife. He is giving orders favouring her.
I am appearing in Dv ac case and my sister and her husband in 498. The magistrate is again and again writing my name in 498 and showing my presence in it also. The date of hearing for both the cases are always kept same.
It has happened three time that my presence has been shown in 498 whereas it pending in High Court.
The orders to be given in DV Act case has been given in 498. Such irregularities are happening. I have brought these irregularities in the notice of Session Judge but still no action.
What should I do so that I shouldn't be dragged in the case. These irregularities are done to delay the case as it has already been more than 3 years DV Act case is still pending due to my wifes delay tactics.. Even on hoildays the date of hearing is fixed.

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Guest (Expert) 12 December 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com

YOU MAY KINDLY NOTE THAT.
1.BE CAREFUL AND DEFEND THE CRIMINAL CASES SMARTLY.YOU MAY SEND THE DETAILS AND COPIES OF CASES FILED .WILL SEND YOU DETAILED REPLY.
2.IN BRIEF KINDLY CAREFUL IN ATTENDING ALL CRIMINAL CASES FILED AGAINST YOU .IN CASE OF ABSENCE ON ANY DATE COURT MAY ISSUE WARRANT.
3.YOU MAY FILE WRIT PETITION FOR QUASHING FALSE CASES FILED AGAINST YOU AND YOUR FAMILY AND PRAY FOR INTERIUM ORDER OF STAY AND GET THE HELP OF LEGAL EXPERTS .YOU CAN GET THE CASES STAYED AND QUASHED FROM THE HIGH COURT.GOOD LUCK.
KINDLY SEND DETAILS FOR ANY FURTHER HELP.GOOD LUCK.

s.subramanian (Expert) 12 December 2010
yes

Devajyoti Barman (Expert) 12 December 2010
f the irregulasrty continues then you could apply before the Chief Judicial Magistrate to transfer the case to any other Magistrate.Alternatively you could also complain to the Chief Justice p\of the High Court and the Supreme Court. Such complaints do yield result if the irregularities are gross.

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