Hello Experts,
498a was filed after completion of domestic violence case.
Are there any relevant SC and HC judgements for not filing 498a case after the completion of Domestic violence case ? can we go for quash or dicharge on this?
case is running in Telangana
Request to provide the citations if there are any.
Thanks a lot !
Wife filed DVC( Domestic violence case) 2 years back on Husband + In Laws. DV case is disposed and the order says it is dismissed against the parents of husband (Respondents 2 and 3.
She filed 498A case in 2014( after 2 years of filing DVC), on R1, R2, R3. Current stage is FIR is registered. R1 has taken bail recently. For R2 and R3( Parents of R1) - can the names of R2 and R3 be removed from 498A case ? what is the best way/time for removing R2 and R3 names ? Since R2 and R3 names were removed in DV case, can that be used for removing them ? What is the right time and process to initiate their names removal, is it needed to wait until charge sheet is done or can it be done prior ?
Few differences are there in 498A complaint and DV complaint. These are filed in AP.
Please suggest.
Thanks !
Personal bonds for Rs 10000 with two sureties were executed at the time of getting bail. Now the criminal case is closed and disposed off. Please suggest what is the process of getting the Surety amounts back, what applications/petitions are to be filed under CRPC ?
There is a false domestic violence case for which quash is filed in AP HC on all respondents. Judge gave personal appearance dispense for the respondents and quash is not done on any of the respondents. There are totally 6 respondents - Husband, husband parents, husband brother(R1-R4) and couple of relatives(R5,R6) who don't live with Husband. HC judge has not taken cognizance of the fact that R5, R6 do not come part of domestic relationship.
There is a change is judge's now, quash petitions are looked into by a different judge now. Earlier judge gives only "dispense" and not quash any respondents/accused. Would like to take a second chance if the current judge does any quash.
Since the quash is already filed on all respondents - is there anyway to file again the quash on just R5, R6 alone under Sec 482 or any other section ? If so, how should it be done ? If quash is not possible for second time, can a revision be filed on this quash order seeking removal of R5, R6 names alone from DV case in HC ?
Pleae advice how it can be done
After the compromise/settlement is arrived, if the complainant decides to withdraw the Domestic violence case, is there any specific section under which the DVC case is to be withdrawn so that husband can make sure in future domestic violence case cannot be reopened/filed against Husband and his family members ?
Magistrate is behaving in a biased way. Issued NBW against couple of respondents even after notices are not being served to them. I am from AP state.
Questions:
1. How and what kind of action can be initiated against this irresponsible Magistrate ?
2. I do not have faith in this magistrate any more and hence would like to get them transferred to another court. What is process of changing case to another court and can NBW be used as a ground for getting them transferred ?
Thanks
Regarding land
Dear experts,
Bought a plot/land from a real estate company in a venture around 8 years back. Real estate company initially bought this land from 2 owners. One of the siblings of the 2 owners raised a concern that her NOC was not taken at the time of selling this land to real estate company and sent court notice to settle this matter to all the customers who bought the plot from this real estate company
1. Who needs to settle this matter with the person who raised the concern, would it be Real estate company or individual customer ? In case if there is any amount involved in settling the matter with the person who raised concern, is real estate company obligated to pay this amount and settle ?
2. During the initial discussions real estate company was saying they will take care of settling this matter, but now dont know what happened, Real estate company is calling the customers and asking/forcing them to sell the land at very lower price( almost half of market value). With this matter pending in the court , can the customers sell this litigation land to other customers ? is it legal ? or should the customers wait till the disposal of this matter in the court ?
please suggest. Thanks !